How could Mohd Isa’s alleged acts involve criminal breach of trust under Section 409?

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Mohd Isa's Defence Awaits Ruling on Criminal Breach of Trust Allegations

The decision on whether former Felda chairman Tan Sri Mohd Isa Abdul Samad will be required to enter his defence against charges of criminal breach of trust (CBT) and corruption is scheduled for June 16. These allegations, amounting to RM3 million, stem from the approval of the purchase of Merdeka Palace Hotel & Suites (MPHS) by Felda Investment Corporation Sdn Bhd (FICSB) in 2014. The prosecution concluded its case on January 14, presenting testimony from 22 witnesses over 15 days of hearings.
Abuse of Position and Exceeding Mandate

Central to the CBT charge under Section 409 of the Penal Code is the prosecution's assertion that Mohd Isa abused his authority as Felda chairman. It is alleged that he exceeded the established investment mandate for projects. Specifically, projects valued over RM100 million were required to secure approval from the Felda Board of Directors. The prosecution contends that Mohd Isa bypassed this procedure, thereby committing CBT.
Allegations of Bribes and Gratification

Mohd Isa faces nine counts of receiving bribes totalling RM3 million, which the prosecution argues constituted gratification for approving the MPHS acquisition. The prosecution presented evidence suggesting that the nine separate transactions were structured to minimise traceability. This approach, according to the prosecution, indicates an intent to conceal the illicit nature of the funds received in connection with the Felda chairman's decision-making.
Specific Investment Approval Procedures

At the time of the alleged offence in 2014, Felda's investment procedures stipulated that projects exceeding RM100 million required explicit approval from the Felda Board of Directors. The prosecution highlighted testimony from the former FICSB CEO, Mohd Zaid Abdul Jalil, who reportedly advised Mohd Isa on this mandate. However, Mohd Isa allegedly instructed him that the transaction did not need to be presented to the board, suggesting a deliberate circumvention of established protocols.
Penalties for Criminal Breach of Trust

Should Mohd Isa be found guilty of criminal breach of trust under Section 409 of the Penal Code, the penalties are substantial. This section of the Penal Code prescribes imprisonment for a term that may extend up to 20 years, along with the possibility of whipping and a fine. The charge specifies the alleged CBT was committed at Level 50, Menara Felda, Platinum Park, Persiaran KLCC, on April 29, 2014.

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How could Mohd Isa’s alleged acts involve criminal breach of trust under Section 409?

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