Shamsubahrin found guilty of cheating (updated)
Sessions judge Rozilah Salleh said the defence had failed to create reasonable doubts on the prosecution’s case.
This is especially on the claims that Shamsubahrin had acted under the instructions of former premier Dr Mahathir Mohamad to help Mohamad Salleh (photo).
After hearing the mitigation from lawyers Kamarul Hisham Kamaruddin and Hasnal Rezua Merican, and the reply by DPP Abdul Razak Musa, Rozilah sentenced Shamsubahrin to eight years jail.
“The court also ordered the accused to be given four strokes of the rotan.
“Besides this, the court also orders him to pay a penalty of RM611,895.94 following the amount the authorities not being able to recover,” she added.
To serve sentence concurrently
Shamsubahrin who faced five charges of cheating under the Penal Code and 17 charges under the Anti Money Laundering and Terrorism Financing Act 2001, was ordered to serve the sentence separately but Rozilah allowed him to serve it concurrently to the highest jail term of eight years.
On Nov 26, 2013, the court ordered Shamsubahrin to enter his defence on five amended charges of cheating Mohamad Salleh involving RM1.755 million.
Shamsubahrin is accused of committing the offence at Sid’s Pub at H2, Taman Tunku, Off Langkat Tunku in Kuala Lumpur at 6pm on Nov 20, 2011.
On the second to fifth counts, Shamsubahrin is accused of dishonestly telling Mohamad Salleh that he was asked by Mahathir to assist and provide consultancy services to him.
He allegedly committed the offences at bank branches in Taman Tun Dr Ismail, Kuala Lumpur City Centre and Petaling Jaya between Nov 25, 2011 and Dec 5, 2011.
The accused’s actions had allegedly induced Mohamad Salleh to hand over to him four cheques worth RM1.755 million for payment of part of the consultant and counselling services, and purportedly to pay police officers at the Commercial Crime CID at Bukit Perdana into closing a case being investigated by police involving NFC.
Shamsubahrin also faced 17 charges of money laundering involving RM1.755 million.
Out of the amount of RM1.755 million, he spent some of the money to purchase three cars and the rest was spent by his wife to a total of RM1.149 million.
Sessions judge Rozilah granted a stay of execution of the sentence and ordered that Shamsubahrin’s bail be increased from RM300,000 to RM350,000.