The trial against Ramzidah binti Pehin Datu Kesuma Diraja Colonel (Rtd) Haji Abdul Rahman and Haji Nabil Daraina bin Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Haji Awang Badaruddin continued with a legal argument yesterday.
Simon Farrell, QC submitted to the court that the defendants have no case to answer for various reasons. He argued that Haji Nabil Daraina believed the monies he used in the money laundering charges were from Ramzidah’s family, inheritance and also the substantial monies given by the Malaysian lady to Ramzidah.
He did not know that his wife was withdrawing cash from the Official Receiver’s (OR) bank accounts, it was submitted.
In reply, Jonathan Caplan, QC said that Haji Nabil Daraina must have known that he was enjoying a lavish lifestyle on large amounts of money that were multiple times more than the amount received from their full-time judicial income. As a judge, he must have been aware that this gives rise to money laundering or unexplained property concerns.
For Ramzidah, Farrell said that there is insufficient evidence to support a charge against her for dishonestly misappropriating BND35,000 unpaid into a debtor’s OR account.
This is because an employee of Bank A was dismissed for misappropriating monies collected from the court en route to Bank A at around the same time.
Caplan stressed that the defence never asked any of the witnesses regarding the BND35,000, including to Bank A. It was never suggested the dismissed employee took the money.
Justice Gareth John Lugar-Mawson adjourned to continue hearing the case on October 28.