KUALA LUMPUR: National Feedlot Corporation executive chairman Datuk Seri Dr Mohamad Salleh Ismail walked out of the courtroom a free man today after he was acquitted and discharged from two criminal of breach of trust (CBT) charges involving RM49.7 million.
Former Wanita Umno chief Datuk Seri Shahrizat Abdul Jalil, wife to Salleh who was sitting at the front row of the public gallery burst into tears when Sessions Court judge Norshahidah Awang delivered the verdict.
Salleh hugged his wife as soon as the proceeding ended and expressed his gratitude to god after hearing the decision.
The decision was made after Norsharidah allowed an application made by Salleh's counsel Tan Sri Dr. Shafee Abdullah today in accordance with Section 254 of the Criminal Procedure Code.
Earlier, deputy public prosecutor Syed Faisal Syed Amir submitted for a discharge not amounting to an acquittal (DNAA) against the accused in response to a representation letter sent by the accused's counsel to the Attorney-General's Chambers in September.
However, Shafee objected to the DNAA saying that such cases have to amount to an acquittal.
"It has got to amount to an acquittal as the charges will be hanging over his (Salleh's) head," he told the court.
After standing down for over an hour, Syed Faisal submitted that the prosecution had no objection to the application for an acquittal.
"On the defence's application for an acquittal, we have no objections," he said.
On Aug 28, the Court of Appeal rejected the accused's bid to dismiss the High Court's decision to strike out his application for the two CBT charges to be dropped and ordered the trial to proceed at the Sessions Court.
In his bid for a withdrawal of the charges against him, Salleh in September submitted a letter of representation to the Attorney-General's Chambers through his lawyer Shafee.
The 66-year-old, who is also the director of NFCorp, was alleged to have misappropriated RM9,758,140 through four NFCorp cheques to partly pay for the purchase of two condominiums at the One Menerung complex in Kuala Lumpur.
He allegedly committed the offence at CIMB Islamic Bank Bhd, Jalan Burhanuddin Helmi, Taman Tun Dr Ismail, between Dec 1 and Dec 4, 2009.
Salleh was also accused of transferring RM40 million through a cheque to National Meat & Livestock Corporation Sdn Bhd, of which he and one of his sons are the owners, between Dec 1 and Dec 4, 2009.
Salleh also faced two alternative charges of using the company's funds prior to getting approval at the company's annual general meeting, to partly pay for the purchase of condominium units.