Putrajaya: A former Health and Safety Manager of THP Bina Sdn Bhd was charged in the Sessions Court here today with three counts of criminal breach of trust (CBT) involving RM72,000 in penalty funds collected in connection with a proposed office complex development project in Putrajaya. Nasahruddin Ahmad, 56, pleaded not guilty to all the charges, which were read out separately before Judge Rosli Ahmad.

According to BERNAMA News Agency, THP Bina is a wholly owned subsidiary of TH Properties Sdn Bhd, which in turn is a subsidiary of Lembaga Tabung Haji. The company specialises in construction and project management. Nasahruddin, having been entrusted with RM72,000 collected as penalties from contractor Fourth Wave Sdn Bhd in his capacity as the company's Health and Safety Manager, allegedly committed criminal breach of trust by depositing the funds into his personal account.

The penalty funds were related to a proposed office complex development in Precinct 3, Putrajaya, comprising PT 12081 (Block A - 10-storey office, Block B - 9-storey office, an auditorium, and three levels of basement parking); PT 12075 (Block C - 7-storey office and two levels of basement parking); and PT 12074 (Block D - 9-storey office and two levels of basement parking). The offences were allegedly committed at the Putrajaya Islamic Complex in Precinct 3 between April 26, 2013, and Aug 12, 2015.

The charges were brought under Section 409 of the Penal Code, which carries a maximum sentence of 20 years' imprisonment, whipping and a fine upon conviction. Lawyer Muhammad Naqib Aiman Mohd Faizal, representing Nasahruddin, argued that the prosecution's proposed RM70,000 bail was excessive. He said his client, who runs an eatery and earns about RM3,000 a month, supports four children aged between 21 and 26 and suffers from hypertension and a slipped disc.

'My client was not arrested in connection with this case. Instead, he voluntarily presented himself at the Malaysian Anti-Corruption Commission (MACC) headquarters in Putrajaya and fully cooperated with the agency, having previously been released on RM10,000 bail. My client and his family reside in Bukit Tinggi, Klang. As Malaysian citizens, they pose no flight risk. Nevertheless, the accused has no objection to surrendering his passport to the court,' he said.

Muhammad Naqib Aiman also said he had been informed that although the case involved Tabung Haji, it did not concern public funds but 'private' money, specifically, settlement funds from a lawsuit against a contractor. 'Based on these grounds, I request that the court set the bail at the lowest possible amount,' he said.

Meanwhile, in the court before Judge Azura Alwi, former Deputy General Manager of TH Properties Sdn Bhd and THP Bina Sdn Bhd, Tengku Kamarolhisham Tengku Kamaruddin, 55, pleaded not guilty to three charges of abetting the commission of the same offences at the same place and time. Under the first to third charges, Tengku Kamarolhisham is alleged to have abetted the offences by instructing Nasahruddin to deposit RM72,000 into his (Nasahruddin) bank account.

All three charges were brought under Section 109 of the Penal Code, read with Section 409 of the same law. Irna Julieza proposed bail of RM70,000 with one surety for all three charges, along with the same additional conditions sought in Nasahruddin's case. Muhammad Naqib Aiman, who represented Tengku Kamarolhisham, requested a lower bail amount, citing his client's financial circumstances. He said Tengku Kamarolhisham, currently a trader, supports six children aged between 13 and 29.

Judge Azura granted the accused bail of RM45,000 with one surety, subject to conditions requiring the surrender of the passport to the court until the case concludes and prohibiting any interference with prosecution witnesses. The court then set Oct 5 for mention. Prior to this, the MACC had obtained remand orders against 11 individuals to assist in the investigation concerning the Royal Commission of Inquiry (RCI) report on Lembaga Tabung Haji (TH). Those remanded included the former TH chairman, former chief executive officer (CEO), a former minister, as well as several senior management personnel and individuals linked to related companies.