SHAH ALAM: Marine Department director-general Captain Mohamad Halim Ahmed was charged at the Sessions Court today with cheating his predecessor into issuing exemption letters for shipping companies four years ago.
The letters were to allow the companies to bring heavy grade oil into Malaysian waters without the approval of the transport minister.
Halim, 57, said he understood the charge and pleaded not guilty before judge Datuk Anita Harun.
According to the charge sheet, Halim, who was the transport ministry's maritime division secretary at the time of the offence, had allegedly fraudulently deceived Datuk Baharin Abdul Hamid, the then department's DG.
He had done so by presenting a letter from the ministry dated Oct 27, 2020, which stated: "YB Transport Minister, on Oct 22, 2020, had decided that the period for shipping companies, which had been given exemption to bring heavy grade oil in Malaysian waters, needed to be maintained in accordance with the date that had been approved."
However, there was no such approval and it led to Baharin issuing the exemption letters to the shipping companies involved, which he would not have done if he had not been deceived in that way.
Halim allegedly committed the offence on Oct 27, 2020, at the department's headquarters in Jalan Limbungan, Port Klang.
The offence under Section 417 of the Penal Code carries a maximum five-year jail term, or with a fine, or both, upon conviction.
Deputy public prosecutor Ahmad Feisal Mohd Azmi urged the court to set bail at between RM50,000 and RM70,000 with one surety.
"The accused is currently the department's DG and has been charged with a criminal offence. This is a public interest case," he said.
As additional conditions, he said the accused should be made to report to the Malaysian Anti-Corruption Commission monthly and surrender his passport to the court.
Defence lawyer Farhan Read, however, proposed bail of RM10,000 to ensure his client's appearance in court when required.
"It was not stated that there were losses incurred, so what are the grounds for the bail sum (suggested by the prosecution).
"There should be financial consideration in imposing the bail sum. This is a bailable offence and the charge is mere allegation at this point. He is, after all, an innocent person (unless proven otherwise).
"Bear in mind, he has a job with the government of Malaysia. He is the department's DG and I do not think there is any incentive for him to run any from the charge. He is keen to clear his name," he said.
Halim told the court he has an official Malaysian government passport.
In reply, Feisal said the accused was no longer an ordinary person as he has been charged with a criminal offence.
"The defence said he is not a flight risk but they cannot confirm that he will not flee. The purpose of bail is to secure his attendance in court," he said.
Anita set bail at RM20,000 with surety and fixed Oct 7 for mention.
She ordered the accused to surrender his passport to the court, report to the Selangor MACC headquarters monthly and not harass prosecution witnesses.
Feisal was assisted by deputy public prosecutor Muaz Ahmad Khairuddin.