KUALA LUMPUR (March 12): Former Boustead Naval Shipyard Sdn Bhd (BNS) managing director Tan Sri Ahmad Ramli Mohd Nor has been granted a discharge not amounting to an acquittal (DNAA) over three charges of criminal breach of trust (CBT) in connection with the littoral combat ship (LCS) project.
Sessions Court judge Suzana Hussin granted the DNAA to the 80-year-old former navy chief, following brief submissions from parties, a medical report from Hospital Kuala Lumpur (HKL), and case precedent.
"Taking parties' submissions into account, the medical report on the [accused]'s mental state by Hospital Kuala Lumpur (HKL), which found that [the accused] was not fit to stand trial, and case precedence, the [accused] is discharge not amounting to an acquittal (DNAA)," she said.
At the onset of the proceedings, the court was informed that the letter of representation sent to the Attorney General's Chambers (AGC) was rejected. Deputy public prosecutor Mahadi Jumaat, who appeared for the prosecution, added that they were prepared to proceed with the trial but left it to the court's discretion.
Following this, Ahmad Ramli's counsel, former solicitor general II Datuk Mohd Yusof Zainal Abiden, informed the court that HKL had confirmed that Ahmad Ramli was mentally unfit for trial. He then cited case laws and made an oral application for his client to be given a DNAA.
Lawyer Alex Tan also appeared for Ahmad Ramli.
The DNAA meted out on Wednesday means that Ahmad Ramli can be charged again for the same offence in the future.
Ahmad Ramli's mental state has hovered over proceedings for quite some time. In July last year, the High Court had dismissed his application to strike out the charges, on the grounds that he was unfit for trial.
In support of that application, his daughter Rinnie Nor Ahmad Ramli said the medical examinations the family had arranged confirmed that her father was a “progressive neurodegenerative” patient and had a condition akin to moderate mixed dementia.
The High Court remitted the matter back to the Sessions Court for the trial judge — Suzana — to make a determination over Ahmad Ramli's mental fitness.
In August last year, Suzana ordered Ahmad Ramli to undergo psychiatric evaluation with HKL.
Ahmad Ramli was charged in August 2022 with the three counts of CBT in his capacity as the 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, is controlled by the Armed Forces Fund Board (LTAT).
The first CBT charge the accused had faced involved 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 involved 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 Ahmad Ramli had gone to trial and been convicted, he could have faced a maximum jail sentence of 20 years, whipping, and a fine.