KUALA LUMPUR, Nov 5 ― Former PAS deputy president Datuk Nasharudin Mat Isa has been granted a discharge not amounting to an acquittal (DNAA) over 16 counts of criminal breach of trust (CBT) by the Sessions Court.
According to Malaysiakini, Nasharudin’s lawyer Mohd Shukri Ahmad Mansor said Sessions Court judge Rozilah Salleh made the decision following the Attorney-General’s Chambers (AGC) partial acceptance of the letter of representation the defence team submitted in July.
“The letter of representation was partly accepted, whereby all 16 CBT charges (in relation to Nasharudin’s salary as then Nassar Foundation chairperson) were sought to be withdrawn by the prosecution.
“Shah Alam Sessions Court judge then on September 22 granted a DNAA on the 16 charges.
“However, the remaining (17) charges (of CBT and money laundering) still stand,” Shukri was quoted saying by Malaysiakini.
Nasharudin’s 16 CBT charges were for the allegedly fraudulent acceptance of RM321,273.80 in total as salaries for being Nassar Foundation's chairperson between 2015 and 2018.
He remains accused of 14 other counts of CBT and three counts of money laundering totalling over RM3.65 million.
A letter of representation is a form of negotiation between the defence and prosecution to swiftly resolve a case, which may include justification for charges to be dropped and plea bargaining.
A DNAA is not legal exoneration and the AGC may opt to renew the charges against Nasharudin later.
With the DNAA, the trial dates fixed previously were subsequently vacated.
Mohd Shukri added that the case for the remaining charges was set for further mention on November 20.
Nasharudin had claimed trial to three counts of money laundering and 30 counts of CBT amounting to nearly RM4 million at the Sessions Court on October 22, 2019.
The amount was alleged to have been spent on personal items that included gifts to his children.
Under his three Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Amla) Act charges, Nasharudin was accused of channelling the proceeds from unlawful activities amounting to RM302,069.60 to three recipients through a bank account belonging to his company, Wasatiyah Centre For Peace Sdn Bhd.
The funds were Finance Ministry allocations meant for the Global Movement of Moderates (GMM), where he was the chief executive.
The three Amla offences allegedly took place in November and December 2018, about four months after then prime minister Tun Dr Mahathir Mohamad ordered an end to GMM’s operations.
Nasharudin was appointed as GMM chief executive officer on Oct 28, 2015, until its last day on July 31, 2018.
The 14 CBT charges under Section 409 of the Penal Code were for offences that allegedly took place between 2015 and 2018, involving RM3,400,410 in funds linked to Nasharudin's position as the chairperson of Nassar Foundation and GMM CEO.
Nasharudin who was entrusted with managing assets belonging to Nassar Foundation was accused of dishonestly making payments of RM51,000 on August 22, 2016, as catering fees for his son's wedding reception; dishonestly making payments of RM25,756 on February 1, 2018, to a local private college for his son's tuition fees; and to offer an RM34,000 loan to his daughter.
He was also alleged to have used over half a million ringgit of the foundation funds to purchase several shop lot units in Bandar Baru Bangi, Selangor.
The former Bachok MP was also accused of channelling RM2.6 million in research grants from GMM to Wasatiyah Centre for Peace Sdn Bhd.
