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News


Malaysian 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 Landesbank.

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 prosecution.
(The New Strait Times)

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