Datuk among three persons charged with fraud

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Photo for illustration purposes only.

KUCHING: Three people, including a Datuk, have claimed trial in the Sessions Court here to three counts of fraud involving RM2.5 million.

Datuk Mohammad Kasim, 48, together with his wife and brother Ezanoni Hadjeli, 32, and Taha Kasim, 41, respectively, were charged yesterday for allegedly misleading a company into paying part of a government contract worth RM10 million to ENR Solid Corporation Sdn Bhd, which was run by the three accused.

It is claimed that the three used a fake copy of a contract offer letter from Health Ministry dated April 1, 2010, to supply, install and maintain 2,000 anti-smoking campaign billboards in Sabah, as a guarantee to Sunrise Topteam Sdn Bhd for the procurement and management of the said project.

Under the first charge, the accused were said to have shown the letter to Sunrise Topteam to justify the 20 percent upfront payment, or RM1 million, from the latter to ENR Solid Corporation’s account via a cheque dated March 24, 2010.

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The second charge was that they allegedly claimed a second payment, or another 20 percent of the contract cost worth RM1 million via a cheque dated April 30, 2010.

The third charge stated that the accused allegedly claimed 5 percent, or RM500,000, of the payment by means of Banker’s Guarantee Performance Bond dated May 14, 2010.

Mohammad, Ezanoni and Taha were charged under Section 420 of the Penal Code which was read together with Section 34 of the same code for fraud, which carries a maximum 10 years of imprisonment and whipping. They are also liable to a fine upon conviction.

Judge Dayang Ellyn Narisa Abang Ahmad fixed the trial for Dec 9 this year and on Jan 20-24 next year.

The deputy public prosecutor was Samira Khalil.

A pre-trial case management has been fixed on Oct 17.

The accused were released on bail amounting to RM20,000 each.

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