Accused lawyer's counsel to ask AG to drop RM18m charges
Published on: Tuesday, June 16, 2020
By: Cynthia D Baga
Michael (left) being escorted by MACC personnel.
Kota Kinabalu: A 64-year-old lawyer claimed trial to three counts of committing Criminal Breach of Trust and involving in money-laundering pertaining to a 6,768,688-acre land sale to the Rubber Industry Smallholders Development Authority (Risda). Persius Henry Bolutong @ Michael Persius Ubu, who was escorted by the Malaysia-Anti Corruption Commission (MACC) personnel into the courtroom, made the plea before Sessions Court Judge Abu Bakar Manat, on Monday.
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On the first count, Michael in his capacity as an agent of Risda which entrusted him with a sum of RM15,545,400 paid through a cheque which was later banked into an account belonging to Michael’s law firm bank account. The money was for 10 per cent payment from the sale price of the 6,768,688 acres of oil palm in Sungah Pinangah and Sungai Labau in Tongod.
He allegedly breached the trust given to him by dishonestly releasing the property in which he violated the contract between him and Risda between July 22, 2014 and Nov. 19, 2015 at Michael’s law firm in Beverly Hills, Penampang.
The offence under Section 409 of the Penal Code provides for a jail term of between two and 20 years, with whipping and also liable to fine, on conviction.
On the second count, he is accused of being involved in money laundering by receiving money amounting RM1 million proceeds from an unlawful activity of Syarikat Budiman Juta Sdn Bhd on July 25, 2014 at the same place.
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He allegedly committed the offence under Section 4(1)(a) of Anti-Money Laundering and Prevention of Terrorism Financing Act 2001 [Act 613] and punishable under Section 4 (1) of the same Act carries a fine of up to RM5 million, or a jail term of up to five years, or both.
On the third count, he allegedly received RM2.96 million which was the proceeds from an unlawful activity by Syarikat Budiman Juta Sdn Bhd between Nov 27, 2015 and May 10, 2016 at the same place.
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The offence under Section 4(1)(b) of the Money Laundering Prevention, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 [Act 613] punishable under Section 4 (1) of the same Act, which provide for a jail term of up to 15 years and fine of not less than five times the sum or value of an unlawful activity proceeds, or RM5 million, whichever is the higher, on conviction.
The court granted bail of RM1 million with RM700,000 deposited and the court allowed him to pay RM300,000 by Monday and the balance of RM400,000 to be paid by or before June 22 this year. His sureties must be his wife and son.
Michael’s international passport was ordered to be impounded by the court until the disposal of his case.
The court also ordered Michael to report to the MACC office here once in two weeks.
Michael was also warned to not tamper or communicate with the prosecution witnesses.
Earlier, Deputy Public Prosecutor (DPP) Mohamad Fadhly Mohamad Zamry who was assisted by DPP Nartiah M. Sambatan, MACC Prosecuting Officers Amin Fakri and Mohd Faliq Basiruddin, objected to bail Michael on the grounds that he was a flight risk.
Fadhly submitted that there was a high possibility that Michael will abscond as the MACC could not trace his whereabouts for almost three years and he just came back recently from overseas.
According to Fadhly, the MACC had made various efforts to trace Michael’s whereabouts but could not avail, adding that the MACC had also requested the Immigration Department to blacklisted Michael as a wanted person.
However, counsel Zahir Shah who defended Michael asked for bail to be granted saying that his client was not aware that the MACC was looking for him to assist into the investigation.
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He said about a month after giving his statement in Bukit Aman, Michael was under the impression that the matter was resolved as far his involvement was concerned, adding that no agent from MACC had contacted Michael.
Zahir informed the court that after Michael’s wife had retired, in February 2017, they left the country and had visited several countries and not once during their travels were stopped or questioned by the immigration authorities.
Zahir claimed that Risda had informed Michael through its lawyers that they would withdraw their police report against him if he returned the sum owed to them plus interest.
He said the sum owed to them in 2014 was RM15.5 million and upon calculation of interests, the full settlement was at RM18 million.
Zahir further claimed that Michael had settled the whole sum plus interest, whereby Risda had been paid RM18.1 million before he arrived in Kota Kinabalu.Stay up-to-date by following Daily Express’s Telegram channel.
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