The married couple, as directors of FashionValet Sdn Bhd, is accused of having the common intention to commit criminal breach of trust over Khazanah and PNB investment funds entrusted to them by making a payment of MYR8 million from the bank account of FashionValet Sdn Bhd to 30 Maple Sdn Bhd without the approval of FashionValet’s board of directors.
The offence was allegedly committed at Public Bank Berhad, Bukit Damansara Branch, 36-40 Medan Setia 2, Plaza Damansara Bukit Damansara, on Aug 21, 2018.
The charge, framed under Section 409 of the Penal Code read together with Section 34 of the same Code, provides for a minimum sentence of two years and a maximum of 20 years in jail, whipping, and a fine, upon conviction.
Rosli allowed each of them bail of MYR100,000 in one surety and required the couple to report to the Malaysian Anti-Corruption Commission (MACC) office on the first week of every month.
“Both accused must also surrender their passports to the court and are barred from harassing or influencing witnesses in this case until the matter is resolved,” said the judge, who also set Jan 22 next year for mention.
Earlier, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said that the offence was non-bailable but noted that both accused had cooperated well with the MACC.
“Therefore, the prosecution proposes bail between MYR100,000 and MYR200,000 with one surety for each accused to ensure their attendance in court. This amount is very reasonable given the seriousness of this case.
“We also propose additional conditions in this case, namely requiring both accused to report to the MACC headquarters in Putrajaya once a month and surrender their passports to the court. This is due to the severity of the offence and the potential flight risk. They may apply for a temporary (release of) passport at any time with reasonable grounds.
“Additionally, both accused are barred from harassing or influencing witnesses in this case, as most of the witnesses are involved with FashionValet,” said Wan Shaharuddin, who is also MACC Legal and Prosecution Division director.
He also informed the court that at the next proceedings, the prosecution would file an alternative charge under Section 403 of the Penal Code.
Lawyer A. Ashok, representing Vivy and Fadzarudin, appealed to the court to impose a reasonable quantum of bail.
“Both accused have been cooperative, complying with nine notices to attend the MACC office for investigations, including during weekends. Therefore, there is no need for the court to worry or consider them a flight risk,” the lawyer said.
Ashok added that it would be unlikely for the couple not to attend court proceedings, as they have four children, family members, and business in Kuala Lumpur.
“Both accused have pleaded not guilty and they will attend court proceedings to clear their names. They are facing financial constraints, with all their assets frozen, and are relying on friends and family to assist in paying the bail amount.
“A high bail amount seems to punish them before they are tried. We seek a reasonable bail amount, and we have no objections to additional conditions. However, we appeal for our clients to report to the Kuala Lumpur MACC office,” he said.
Wan Shaharuddin later said that the proposed bail amount was reasonable, not punitive, or overly burdensome for the accused.
