KUALA LUMPUR (July 26): The High Court has dismissed former navy chief Tan Sri Ahmad Ramli Mohd Nor’s application to strike out all three of his criminal breach of trust (CBT) charges in connection with the littoral combat ship (LCS) project.
Ahmad Ramli, who is also a former managing director of Boustead Naval Shipyard Sdn Bhd (BNS), had made the application on grounds that he was unfit to stand trial.
However, High Court judge Datuk Azhar Abdul Hamid ruled on Friday that Ahmad Ramli’s mental state ought to be investigated by the trial judge — Sessions Court judge Suzana Hussain.
“This is an application seeking for this court to exercise its inherent power to quash the charges[...]. The application is dismissed and is remitted back to the Sessions Court for the trial judge to make a determination (of the applicant’s mental fitness),” Azhar said in his brief decision.
Besides seeking to drop the charges, in his application filed in April this year, Ahmad Ramli also asked for the High Court to acquit him on the grounds of his health condition.
In the supporting affidavit, the 80 year-old’s daughter Rinnie Nor Ahmad Ramli said that medical examinations had confirmed that her father was a “progressive neurodegenerative” patient and had a condition akin to moderate mixed dementia.
She added that this condition would raise questions on the veracity of her father’s testimony and her father’s condition may deteriorate in the course of a lengthy trial.
She had also included letters from Hospital Al-Sultan Abdullah University Technology MARA and University of Malaya Specialist Centre.
A mention for the matter has been set at the Sessions Court next Tuesday (July 30).
Ahmad Ramli was represented by Datuk Mohd Yusof Zainal Abiden and Alex Tan while deputy public prosecutors Mahadi Jumaat, Muhammad Asraf Mohamed Tahir and Zander Lim appeared for the prosecution.
Ahmad Ramli was charged in August 2022 with the three counts of CBT, in his capacity as then BNS managing director, under Section 409 of the Penal Code, involving the fraudulent approval for payments to three companies amounting to RM21.08 million, without the requisite approval of the company’s board.
BNS, an indirect subsidiary of Boustead Holdings Bhd (KL:BSTEAD), is controlled by the Armed Forces Fund Board (LTAT).
The first CBT charge the accused faces involves fraudulently approving a RM13.54 million payment to Setaria Holding Ltd between July 26, 2010 and March 25, 2011.
Meanwhile, the remaining two CBT charges involve the fraudulent approvals for a RM1.36 million payment to JSD Corp Pte Ltd between April 19, 2011 and May 4, 2011, as well as a RM6.18 million payment to Sousmarin Armada Ltd between Oct 28, 2010 and Nov 22, 2010.
If convicted, Ahmad Ramli faces a maximum jail sentence of 20 years, whipping and a fine.