By Khairah N. Karim | New Straits Times
Three men including an assistant director at the Federal Territory Land and Mines Department were freed by the Sessions Court today over forgery in changing ownership of a piece of land nine years ago.
Judge Zulqarnain Hassan acquitted and discharged Mohammad Irwan Adnan, 40, and businessmen S. Ganesan, 40, and K. Barthen, 53, following a successful representation by their counsel Amer Hamzah Arshad, Datuk Dev Kumaendran and S. Devanandan.
Amer Hamzah, who represented the first accused, informed the court that a representation letter was submitted on June 10, 2016 for a discharge and acquittal of the three accused under section 254(3) of the Criminal Procedure Code.
Earlier, deputy public prosecutor Hidayatul Syuhada Shamsudin, who informed the court that she did not wish to proceed with the case, submitted for a discharge not amounting to an acquittal (DNAA) against the trio in response to the representation.
However, the counsel objected to the DNAA saying that there will be ambiguity in which the charge will be hanging over the accused.
“It is clear that the prosecution does not wish to proceed with the case. If they insist on a DNAA, the charge will be hanging over the accused. I pray for a discharge amounting to acquittal,” Kumaraendran said.
In his judgment, Zulqarnain said several prosecution witnesses had been called to testify but none of the evidence provided was strong enough to prove the case against the three accused.
“The prosecution submitted that its case will not proceed as some witnesses could not be located and the witnesses who had been called did not provide strong evidence. Therefore, a prima facie case could not be established,” the judge said in acquitting the trio.
He also ordered for the RM20,000 bail money to be returned.
On June 22, 2012, Mohammad Irwan was charged with falsifying a land title for Lot 328, Section 92, Bandar Kuala Lumpur by inserting company name Fanaz Sdn Bhd as the owner when in fact it was not.
He was alleged to have committed the offence at his office at floor 0-4, Rumah Persekutuan, Jalan Sultan Hishamuddin here between 8am and 6.30pm on June 21 2007.
Meanwhile, Ganesan was charged with willfully using the altered document as genuine to transfer ownership of the land to Indah Kitar Semula Sdn Bhd while Barthen was charged with abetting him.
The offence was allegedly committed between May 12,2007 and May 12,2008, at the same place.