LCS Project: The court needs to investigate the mental state of the former BNS Director
KUALA LUMPUR: The former Managing Director of Boustead Naval Shipyard Sdn Bhd (BNS), Tan Sri Ahmad Ramli Mohd Nor, will have to appear on August 15 for the court to make an order regarding his latest mental state to ensure whether the former Commander of the Royal Malaysian Navy (RLDM) is fit to stand trial. or not.
Sessions Court Judge Suzana Hussin set the date after Deputy Public Prosecutor Nik Haslinie Hashim informed about the High Court’s decision rejecting the application of Ahmad Ramli, 80, to cancel three charges of breach of trust of the company’s funds amounting to RM21.08 million related to the construction of the Coastal Combat Ship (LCS) project for TLDM procurement.
“On July 26, the High Court here rejected the accused’s application to cancel the three charges he was facing, but as of today, the prosecution has not yet received a clean verdict regarding the decision.
“I believe the High Court’s order is for this court (Session Court) to investigate the health of the accused,” said Nik Haslinie.
Lawyer Datuk Mohd Yusof Zainal Abiden, representing Ahmad Ramli, said since his client did not appear in court today, he requested the court set a date for the mention of the case.
“At the same time, the defense will try to get the latest mental state report of the accused, and I believe the court will require his presence on the next mention date. We will try to make sure he is present,” said Mohd Yusof.
After hearing explanations from both sides, Judge Suzana said the court must first ascertain whether the accused is fit to stand trial, and Ahmad Ramli must appear in court to be given further instructions regarding his mental health.
On July 26th, High Court Judge Datuk Azhar Abdul Hamid rejected Ahmad Ramli’s application to quash the three charges after finding that the applicant’s mental fitness to stand trial and defend himself (in the case before him) should be investigated by the trial judge and the case should be returned to the Sessions Court for the trial judge to make an assessment regarding the mental fitness of the accused.
Ahmad Ramli, through his lawyer, filed a notice of motion last April to quash all three charges against him and request that he be discharged and acquitted of all the charges on the grounds that it was unfair that he was tried in a condition where his health did not permit.
The applicant’s daughter, Rinnie Nor Ahmad Ramli, 50, stated in her supporting affidavit that after undergoing a medical examination, her father was diagnosed with a progressive neurodegenerative condition, and the condition was consistent with moderate mixed dementia (senile).
On August 16, 2022, Ahmad Ramli, as the Managing Director of BNS entrusted with the control of the company’s funds, was charged with breach of trust against the property involved by approving the payment of RM13,541,140 to the account of Setaria Holding Company Limited, Standard Chartered Bank, 6 Battery RD, Singapore, without the approval of the Members of the of the BNS Board of Directors at the 17th floor, Menara Boustead, Jalan Raja Chulan, between July 26, 2010 and March 25, 2011.
He was also charged with breach of trust by approving a payment amounting to RM1,360,716 to the account of JSD Corporation, The Overseas-Chinese Banking Corporation Limited, Chulia Street, OCBC Centre, Singapore, without the approval of the BNS Board of Directors at the same location between April 19, 2011 and May 4, 2011.
For the third charge, Ahmad Ramli is accused of approving a payment amounting to RM6,182,295 to the account of Syarikat Sousmarin Armada Ltd., Standard Chartered Bank, 6 Battery Road, Singapore, at the same place between October 28 and November 22, 2010.
All three charges are under Section 409 of the Penal Code, which carries a minimum prison sentence of two years and a maximum of 20 years with whipping and can be fined if convicted.
However, flogging cannot be imposed on female and male offenders who are over 50 years old.
