PUTRAJAYA (March 17): The prosecution on Monday accepted a representation from lawyers of former Aker Engineering Malaysia manager Ahmad Hatta Kamaruzzaman and vouched no further action in exchange, if the Court of Appeal reverses the High Court decision three years ago that gave an acquittal over a charge of giving false material information to the Companies Commission of Malaysia (SSM).

Deputy public prosecutor (DPP) Law Chin How from the Malaysian Anti-Corruption Commission (MACC) informed a three-member bench led by Datuk Azman Abdullah of the prosecution’s acceptance of Ahmad Hatta’s representation from his lawyers Amer Hamzah Arshad and Joshua Tay.

Law said following this, the prosecution asked that the High Court's decision — made by judge Datuk Muhammad Jamil Hussin on Dec 23, 2022 — to be reversed to a discharge not amounting to an acquittal (DNAA) instead of an acquittal.

“This follows that the High Court had erred in granting an acquittal, as the trial had yet to start with no witnesses called,” the DPP said.

Azman asked Amer Hamzah whether he accepted the matter, as otherwise, the court would have to hear the prosecution’s appeal over the acquittal.

Amer Hamzah agreed to what the prosecution offered.

Both parties were at the Court of Appeal as the prosecution was appealing against Jamil’s decision in granting an acquittal to Ahmad Hatta.

Following this, Azman, who sat with appellate judges Datuk Mohamad Zaini Mazlan and Datuk Wan Ahmad Farid Wan Salleh, agreed to reverse the High Court’s decision from an acquittal to grant a DNAA.

Ahmad Hatta was charged on Feb 18, 2022 with allegedly providing false information about Aker Engineering when submitting the annual return form dated May 19, 2017, at the SSM's office at No 7, Jalan Stesen Sentral 5, here, in June 2017.

He was charged under Section 591 (2) (a) of the Companies Act 2016.

If he had been found guilty, Ahmad Hatta could have faced a jail sentence of up to 10 years or a maximum fine of RM3 million, or both, the charge stipulated.

However, on hearing submissions by the defence, Jamil had allowed for the charge to be struck out, and Ahmad Hatta was given an acquittal.

The prosecution contended that when a case had not yet gone to trial, a judge may only grant a DNAA.

Originally, Ahmad Hatta, a former vice-president of Aker Solutions headquartered in Norway, was charged at the Sessions Court under Section 417 of the Penal Code, with allegedly being an agent of the company in making false representations regarding the ownership of one of its Malaysian units in order to win licences from Petroliam Nasional Bhd (Petronas).

He was accused of submitting documents aimed at misleading Petronas subsidiary Petronas Carigali Sdn Bhd — that one of Aker's subsidiaries was qualified as a Bumiputera-owned company, when it did not. Ahmad Hatta was alleged to have committed the offence on Aug 7, 2018. He had claimed trial to the charge, and had a bail of RM20,000 imposed on him.

However, the Sessions Court gave him a DNAA in November 2021, following the court allowing a preliminary objection and ruling the charge as defective.

As a result of this, he was charged again in 2022 before the High Court, and had been acquitted later that year, and the Court of Appeal rectified it to a DNAA on Monday.

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