Judge Suzana Hussin granted the DNAA after allowing an oral application by lawyer Yusof Zainal Abiden, representing the 80-year-old accused, today.
“After considering submissions from both parties and the Kuala Lumpur Hospital’s medical report on the accused’s mental capacity, the court finds that he is unfit for trial.
“Therefore, the accused is granted a discharge not amounting to an acquittal, and the bail money will be returned,” she said.
Earlier, deputy public prosecutor Mahadi Abdul Jumaat informed the court that the Attorney-General’s Chambers had rejected Ramli’s representation letter dated Jan 10, and that the prosecution was ready to proceed with the trial.
However, Yusof argued that Ramli was unable to defend himself due to his condition and asked the court to grant him a DNAA.
Ramli’s daughter, Rinnie Nor Ahmad Ramli, said in her supporting affidavit last July that her father had been diagnosed with a progressive neurodegenerative disorder, a condition consistent with moderate mixed dementia.
The supporting affidavit was submitted in the application to the High Court to strike out the charges against Ramli.
The High Court returned the case to the sessions court for the trial judge to evaluate Ramli’s mental fitness.
Subsequently, Suzana ordered him to undergo a psychiatric evaluation at Kuala Lumpur Hospital.
Ramli was charged on Aug 16, 2022.
He was accused of fraudulently approving three payments amounting to RM21.08 million to three different firms without the approval of the Boustead Naval Shipyard (BNS) board.
He was charged under Section 409 of the Penal Code, which provides for a jail term of up to 20 years and a fine upon conviction.
On the first charge, he was accused of committing an offence by fraudulently approving the transfer of RM13,541,140 to a Singapore-based company, Setaria Holdings Limited, without the approval of the BNS board. The offence was allegedly committed between July 26, 2010 and March 25, 2011.
On the second charge, he was accused of fraudulently approving the transfer of RM1,350,716 to another Singapore-based company, JSD Corporation Pte Ltd, without the approval of the BNS board.
The offence allegedly took place between April 19 and May 4, 2011.
The third charge alleged that Ramli had fraudulently approved the transfer of RM6,182,295 to Sousmarin Armada Ltd without the approval of the BNS board. He allegedly committed the offence between Oct 28 and Nov 22, 2010.