KUALA LUMPUR: Former Royal Malaysian Navy (RMN) chief Tan Sri Ahmad Ramli Mohd Nor failed to quash his three counts of criminal breach of trust totalling RM21 million over the Littoral Combat Ship (LCS) project scandal.
High Court judge Datuk Azhar Abdul Hamid made the decision today on grounds that the issue of the 80-year-old accused's mental fitness to stand trial should be investigated by the trial judge.
The High Court also ordered the case to be remitted back to the Sessions Court before judge Suzana Hussain.
"The application is to be dismissed for the trial court (Sessions Court) to conduct an assessment of the applicant's (Ramli) mental fitness," he said.
The accused was not present at today's proceeding as he was granted permission by the court.
Ramli, who is also the former managing director of Boustead Naval Shipyard (BNS) filed the application on grounds that he was confirmed to be experiencing dementia.
Ramli's daughter Rinnie Nor Ahmad Ramli in her supporting affidavit said a medical examination had confirmed her father has a progressive neurodegenerative condition similar to moderate mixed dementia.
She had also included letters from Hospital Al-Sultan Abdullah Universiti Teknologi MARA and University of Malaya Specialist Centre.
"A specialist doctor has certified that the applicant is experiencing a progressive neurological condition that impairs his recent memory and attention span.
"In addition to the neurological condition mentioned above, the applicant has also been found to have gallstones causing abdominal pain.
"Due to his age, cardiac condition, and other medical issues, the applicant faces significant risks if he undergoes any major surgery to remove the gallbladder.
"I have been advised by my lawyer and sincerely believe that it would be unfair to try the applicant on these charges given his health condition," she claimed.
She claimed her father would provide an inaccurate version of events even though he genuinely believes his account is accurate.
She claimed her father would be unable to focus on what transpires during the trial or on questions that may be directed to him during the proceedings.
"The applicant would be unable to remember events or what has been raised during the trial. He would not be able to provide consistent testimony.
"The applicant's neurological condition is progressive and will continue to worsen throughout the trial," she claimed.
Deputy Public Prosecutors Mahadi Jumaat, Muhammad Asraf Mohamed Tahir, and Zander Lim Wai Keong prosecuted while lawyers Datuk Mohd Yusof Zainal Abiden, Alex Tan Chie Siam, and Mohd Yunos Shariff appeared for the accused
According to the charge sheet, Ramli in his capacity as the then BNS managing director, was alleged to have approved payments of RM13,541,140; RM1,360,716; and RM6,182,295 to three Singaporean companies without BNS's board of directors' approval.
He was charged under Section 409 of the Penal Code which carries a maximum 20 years' imprisonment, whipping and fine upon conviction.
The Public Accounts Committee's findings revealed that there were discrepancies and delays in the construction of six littoral combat ships since 2017.
Several high-profile people were alleged to have played a role in siphoning and abusing their power in the purchase dealing of these ships.
The Parliamentary Select Committee also disclosed that the Royal Malaysian Navy's (RMN) first state-of-the-art LCS was not yet completed when it was launched in 2017.