PUTRAJAYA, Nov 3 — The former chief executive officer of TH Heavy Engineering Bhd was imprisoned today, beginning a five-year sentence after the Court of Appeal upheld his conviction on three counts of criminal breach of trust (CBT) and two counts of money laundering totalling RM1.57 million.
Datuk Nor Badli Munawir Mohamad Alias Lafti’s appeal against his conviction was dismissed by the three-member bench comprising Justices Datuk Vazeer Alam Mydin Meera, Datuk Ahmad Zaidi Ibrahim, and Datuk Azmi Ariffin.
Nor Badli, 57, on a RM600,000 bail pending disposal of his appeal, was ordered to begin his jail sentence today. However, he was spared the rotan as he is aged 50 and above.
TH Heavy Engineering was formerly a Tabung Haji associate company.
In delivering the court’s decision, Justice Vazeer maintained the five-year imprisonment imposed on Nor Badli by the High Court for the CBT charges and the three-year jail for the money laundering charges.
He ordered the sentences to run concurrently, which means Nor Badli will have to serve only five years in jail.
In upholding the conviction, Justice Vazeer said both the Sessions Court and High Court did not make any perverse finding which warranted appellate intervention for those charges.
However, he acquitted and discharged Nor Badli on two CBT charges and two money-laundering charges.
The accused was initially charged with five counts of committing CBT and five counts of money laundering. He was acquitted of one money laundering charge and convicted of the other nine charges.
The prosecution did not appeal against his acquittal.
On September 30, 2019, the Sessions Court sentenced Nor Badli to seven years in jail for each of the five CBT charges to run concurrently and four years in jail for each of the four money-laundering charges, also to run concurrently.
He was ordered to serve the four-year jail term after completing the seven-year sentence.
On November 2, 2021, the High Court dismissed Nor Badli’s appeal on his conviction but allowed his appeal to reduce the jail sentence. His jail sentence for each of the CBT charges was reduced to five years to run concurrently, and for the money-laundering charges, the court reduced the jail term to three years’ imprisonment for each charge, also to run concurrently.
He was ordered to serve the three-year jail sentence after completing his five-year jail term for the CBT offence. This means Nor Badli had to serve eight years in jail.
According to the charge sheet for the three CBT charges, the accused committed the offence involving cheques for RM400,000, RM570,000 and RM600,000 at the office of THHE Fabricators Sdn Bhd in Menara UOA in Bangsar, Kuala Lumpur, in April, June, and September 2013.
Concerning the money-laundering charges, Nor Badli was convicted of receiving RM570,000 in proceeds from unlawful activities from Bicara Sepakat Sdn Bhd director Murhasmee Mukhtar at Old Town White Coffee in Ara Damansara, Petaling Jaya, on June 26, 2013.
He was also convicted of receiving another RM600,000 in unlawful activity proceeds from Murhasmee at the same restaurant on September 11, 2013.
The accused was acquitted of the two CBT charges involving cheques for RM430,000 and RM575,800 at THHE Fabricators office in June and October 2013.
The court also acquitted him of two charges of receiving RM430,000 and RM570,000 in proceeds of unlawful activities from Coral Intoil director Mohd Razip Mohammad and RL Offshore Sdn Bhd director Hanaffi Daud, respectively.
Nor Badli was accused of committing the offences at THHE Fabricators and the Leaf Dining restaurant at Solaris Mont Kiara on June 27, 2013, and November 1, 2013, respectively.
The accused was represented by lawyers Kitson Foong, Datuk Hisyam Teh Poh Teik, Datuk K. Kumaraendran, Chew Jee San, and Vam Shir Mooi, while deputy public prosecutors Nahra Dollah, Parveen Hamedah Natchiar, and Aida Khairuleen Azli appeared for the prosecution.
— Bernama
