court acquits SL businessman
The Sessions Court
in Kuala Lumpur on Friday acquitted and discharged a Sri Lankan
businessman of three charges of cheating a tycoon in 1998
involving RM 661,730.
Judge Rozana Ali Yusoff in her judgment said the prosecution had
failed to prove a prima facie case against Jayantha Bertam
Marcelline Fernando, 53.
Jayantha’s case received wide media attention after the court
issued warrants of arrest against him, 10 times when he failed
to turn up for hearings. The case was postponed more than 20
times in five years.
The prosecution finally traced him in Australia and extradited
him with the help of Interpol. He was brought to court on
September 2, last year.
In 1999, Jayantha was charged with deceiving Datuk Mohan Swami
(now Tan Sri) that he could arrange a US$40 million (RM135.68
million) loan for Chase Perdana Berhad at Chase Perdana Berhad’s
office at Suite 7, 24th Floor, Wisma Cycle Carri in Jalan Raja
Laut between March 25, 1998 and April 24, 1998.
His actions caused Mohan to hand over RM57,000 to Simon &
Spencer (M) Sdn Bhd, a company owned by the accused, as
processing fees for the loan.
For the second charge, he was accused of having deceived Mohan
that he could arrange for a US$37 million loan to Gold Falcon
Inc, which caused Mohan to hand over RM49,200 as processing fees
to facilitate the loan, at the same place between March 25, 1998
and Aug 5, 1998.
He was also charged with deceiving Mohan that he could arrange
for a US$40 million loan for Chase Perdana which led to Mohan
taking a US$10 million loan from the Labuan branch of Bayerische
This caused Mohan to incur a loss of US$163,835.65 as a result
of interest on the loan.
Jayantha was also alleged to have committed this offence at the
same place as the earlier two charges, between March 25, 1998
and Sept 29, 1998.
The prosecution had called eight witnesses, including Mohan,
during the trial.
Rozana ordered that the bail of RM30,000 and Jayantha’s passport
be returned to him.
The accused was represented by lawyer Afifuddin Hafifi while
Deputy Public Prosecutor Fatnin Yusof appeared for the
(The New Strait Times)