KUALA LUMPUR (Sept 3) : Two former managers linked to TH Properties have claimed trial to Criminal Breach of Trust (CBT) and abetment for pocketing RM72,000 of penalties that had been imposed on contractors.

Nasahruddin Ahmad who was a former Health and Safety manager with THP Bina Sdn Bhd — a construction and project management subsidiary of TH Properties Sdn Bhd — was charged with three counts of CBT for depositing the penalties collected from contractor Fourth Wave Sdn Bhd into his personal account.

Fourth Wave was a contractor developing an office complex in Precinct 3, Putrajaya.

The 56-year-old is accused of having committed the offence on three separate occasions — between April and December 2013; between February and December 2014; and between February 2015 and August 2015.

He claimed trial to all three charges read before Sessions Court judge Rosli Ahmad on Thursday.

The court set bail at RM50,000 with one surety and ordered Nasahruddin to report to the Malaysian Anti-Corruption Commission (MACC) once every month.

All three charges are framed under Section 409 of the Penal Code and carries a punishment of between two to 20 years, whipping, and a fine.

Meanwhile, a former deputy general manager of TH Properties Sdn Bhd was charged before Sessions Court judge Azura Alwi with three counts of abetting Nasahruddin with CBT.

Tengku Kamalrolhisham Tengku Kamaruddin, 55, was charged with allegedly directing Nasaruddin to commit the alleged offence.

He claimed trial to the charges. Azura set bail at RM45,000 with one surety and for his passport to be impounded by the court. She also asked for the accused to not harass any of the potential witnesses. 

The charge is framed under Section 109 of the Penal Code, read together with Section 409 of the same Act. 

If found guilty, the accused faces a punishment of between two to 20 years, whipping, and a fine. 

Earlier, Deputy Public Prosecutor Irna Julieza Maaras, who is prosecuting in both cases, suggested that bail be set at RM70,000 as this was a non-bailable offence. 

Defence counsel Muhammad Naqib Aiman Mohd Faizal, who appeared for both the accused, argued for a lower bail amount, as the sum was not to be a punishment but merely to ensure the accused’s attendance in court. 

The lawyer added that the transactions in the charge were based on legitimate agreements by all parties. 

Both cases will be tried before judge Rosli following the prosecution's request to transfer Tengku Kamalrolhisham's case.

On Wednesday (Sept 2), the MACC said that it has opened 14 investigation papers following the Royal Commission of Inquiry (RCI) on Tabung Haji's mismanagement, four of which have been classified as No Further Action. 

Eleven individuals have been remanded, including a former CEO and a former CFO of TH Plantation, a former director of Putra Perdana Construction, a former director of Putrajaya Perdana Berhad, and a former Tabung Haji chairperson.