Court jails three in organised crime case linked to RM24mil bank withdrawals
KOTA KINABALU: Three out of 10 individuals charged in connection with an organised crime group linked to the RM24.2 million in illegal bank withdrawals were sentenced to five years' imprisonment by the High Court here today.
The accused are Subramaniam Thangavelu, 56, a teacher; Sugumaran K. Ponniah, 56, self-employed; and Hasran Magin, 46, a fisherman.
All three pleaded guilty before Judge Datuk Duncan Sikodol to an alternative charge under Section 130W of the Penal Code for assisting the organised criminal group. The Section provides for imprisonment of up to 10 years upon conviction.
The alternative charge was offered by the prosecution following the acceptance of representation letters from all the accused.
They separately admitted to having assisted an organised crime group involved in fraudulent activities to obtain material benefits for the group, led by Josepin J. Langkan, between April and July 2024, at the MBSB Bank branch in the city.
According to the case facts, a police report was lodged on June 27 regarding an organised crime group involved in the forgery of MyKad, fraud, and criminal breach of trust.
Following the report, all the accused were arrested at several locations on July 8, 2024.
Investigations revealed that the accused had assisted the group in committing criminal breach of trust by a clerk or servant using forged valuable security documents, namely fake MyKad, to obtain material benefits.
With their assistance, the group successfully withdrew large sums of money from several fixed deposit accounts at MBSB Bank in Kota Kinabalu, Sabah, using the forged MyKad.
Investigations also found that the group, aided by the accused, had been involved in serious offences, including three cases in Manggatal and one in Tanjung Aru, involving fixed deposit withdrawals amounting to millions of ringgit. These cases are being investigated under, among others, Section 408 of the Penal Code, read together with Section 120B of the same Code.
Subramaniam was represented by lawyers Datuk Ram Singh and Prem Elmer Ganasan, while Sugumaran and Hasran were represented by Dominic Chew and Azhier Farhan Arisin, respectively.
Deputy public prosecutors Datuk Nazran Mohd Sham, Shafiq Hasim, Mohd Ashrof Adrin Kamarul and Yazid Mustaqin Roslan conducted the prosecution.
Earlier, all the accused, through their respective counsel, requested leniency on the grounds that they were first-time offenders and their involvement was minimal, for example, Hasran, who only pushed an imposter in a wheelchair into the bank.
The prosecution, however, urged the court to impose a deterrent sentence, citing public interest and the seriousness of the offences. They argued that a guilty plea should not be the main consideration and highlighted that this was the first case of its kind involving a financial institution investigated under the Security Offences (Special Measures) Act 2012 (Sosma).
Meanwhile, the court fixed July 18 for further mention of the case involving the remaining seven individuals who have maintained their not guilty pleas.
They are Josepin J. Langkan, 38; Nasir Abdul Rasid, 60; Irene Chin Nyuk Thien, 38; Christina @ Caroline Pianus Etip, 53; Vireonis Jonok, 35; Leong Hin Ping, 62; and Mazlani Jenuary, 53.
They face the original charge under Section 130V(1) of the Penal Code, which carries a maximum prison sentence of 20 years for being members of an organised criminal group, allegedly committed during the same period and at the same location.
Earlier, Nasir initially pleaded guilty to an alternative charge but disputed the facts of the case as read out in court, resulting in his plea being rejected.
For the record, all 10 accused persons claimed trial on Nov 7, 2024.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Malaysian Reserve
19 minutes ago
- Malaysian Reserve
RM8m CBT trial of Vivy Yusof, husband to begin on April 13, 2026
KUALA LUMPUR — The Sessions Court today set 15 days of trial next year beginning April 13, for the case involving FashionValet Sdn Bhd founders Datin Vivy Sofinas, known as Vivy and her husband Datuk Fadzarudin Shah Anuar, who are facing charges of criminal breach of trust (CBT) involving RM8 million in investment funds from Khazanah Nasional Berhad (Khazanah) and Permodalan Nasional Berhad (PNB). Judge Rosli Ahmad set the trial dates for April 13 to 17, May 18 to 22, and June 8 to 12, 2026. 'The trial will run for 15 days, and the court has set the next case mention for Oct 27,' said Rosli. Earlier, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin requested the court fix the trial dates agreed upon by both the prosecution and defence. Lawyer M. Athimulan is representing the couple. Wan Shaharuddin told the court that the prosecution will call 26 witnesses to testify. The accused, both 37, were not present in court today as their attendance had been exempted. On Dec 5 last year, Vivy and Fadzarudin pleaded not guilty to a charge of committing CBT in their capacity as directors of FashionValet Sdn Bhd. They were accused of misappropriating investment funds entrusted to them by Khazanah and PNB by transferring RM8 million from FashionValet Sdn Bhd's company account 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, here, 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. They also pleaded not guilty to an alternative charge of jointly and dishonestly misusing company property, namely, RM8 million in investment funds from Khazanah and PNB belonging to FashionValet Sdn Bhd under Section 403 of the Penal Code, read together with Section 34 of the same Code, which provides for an imprisonment of between six months and five years, along with caning and a fine upon conviction. — BERNAMA
The Star
35 minutes ago
- The Star
High Court stays freeze order on Na'imah's assets
KUALA LUMPUR: The High Court here has granted a stay on an ex-parte forfeiture order obtained by the Malaysian Anti-Corruption Commission (MACC) earlier this month in its bid to freeze £132mil (RM758.2mil) worth of assets in London belonging to Toh Puan Na'imah Khalid and her family. Justice Azhar Abdul Hamid said the order was stayed pending an application by Na'imah, who is seeking to intervene in the MACC's notice of motion. ALSO READ: Daim's widow to challenge London asset freeze order "This application (to be an intervener) should be heard inter parte. "The application should be filed and served within 14 days. At the same time, the order dated June 3 is stayed," Justice Azhar said on Monday (June 23). The court fixed July 9 to hear the application to intervene. On June 3, the same court had granted the MACC an order to freeze the assets in London belonging to Na'imah, who is the wife of the late former finance minister Tun Daim Zainuddin. The assets include two commercial buildings, five luxury residences and one bank account. ALSO READ: Dismissal of Na'imah's application a miscarriage of justice, court told According to the MACC, investigations indicated that the assets were linked to suspected offences under Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001. It said the freeze was part of ongoing efforts to trace and recover assets believed to be connected to unlawful activity. At a separate High Court, Justice K. Muniandy fixed Aug 1 to hear Na'imah's application to intervene in another ex-parte notice of motion filed by the MACC. The MACC had sought to obtain an ex-parte court order under Section 53 of the AMLATFPUAA to forfeit more than RM544mil in US dollars and pound sterling. ALSO READ: Lawyers for Daim's widow to challenge MACC's seizure of Ilham Tower in court DPP Wan Nur Iman Wan Ahmad Afzal told the court that the monies, which were investments locked in 12 bank accounts in Singapore, belonged to Na'imah, her family and her associates. "An investigation has been carried out by the Inland Revenue Board (LHDN). Based on preliminary investigation, we believe the assets owned by Na'imah and her associates had never been declared (to the LHDN). "We say that the assets must be frozen before (they are) disposed of," she said in her oral application. Meanwhile, Na'imah's lawyer Datuk Dr Gurdial Singh Nijar said he was "perplexed and disappointed" over the application as the MACC had never mention any respondent's name in its filing. "The order isn't just against the property but also against the person. This application cannot proceed as an ex parte. It has to proceed as an inter parte. I seek that this court make no order (on the freeze) until an inter parte application is heard," he said. Justice Muniandy then ruled that the application to intervene would be heard inter parte and fixed Aug 1 for hearing.
Barnama
43 minutes ago
- Barnama
RM8 Mln CBT Trial Of Vivy Yusof, Husband To Begin On April 13, 2026
KUALA LUMPUR, June 23 (Bernama) -- The Sessions Court today set 15 days of trial next year beginning April 13, for the case involving FashionValet Sdn Bhd founders Datin Vivy Sofinas, known as Vivy and her husband Datuk Fadzarudin Shah Anuar, who are facing charges of criminal breach of trust (CBT) involving RM8 million in investment funds from Khazanah Nasional Berhad (Khazanah) and Permodalan Nasional Berhad (PNB). Judge Rosli Ahmad set the trial dates for April 13 to 17, May 18 to 22, and June 8 to 12, 2026. 'The trial will run for 15 days, and the court has set the next case mention for Oct 27,' said Rosli. Earlier, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin requested the court fix the trial dates agreed upon by both the prosecution and defence. Lawyer M. Athimulan is representing the couple. Wan Shaharuddin told the court that the prosecution will call 26 witnesses to testify. The accused, both 37, were not present in court today as their attendance had been exempted. On Dec 5 last year, Vivy and Fadzarudin pleaded not guilty to a charge of committing CBT in their capacity as directors of FashionValet Sdn Bhd. They were accused of misappropriating investment funds entrusted to them by Khazanah and PNB by transferring RM8 million from FashionValet Sdn Bhd's company account 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, here, 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.
