[UPDATED] Ex-UiTM Holdings CEO charged with CBT involving RM37mil [WATCH]

SHAH ALAM: Former UiTM Holdings Bhd (UHSB) group chief executive officer Azlizan Fadzil was charged at the Sessions Court today with criminal breach of trust (CBT) involving RM37.37 million.

The money was allegedly meant for a large-scale solar power project in Gambang, Pahang.

Azlizan, 53, pleaded not guilty to the charge after it was read out before Sessions Court judge Datuk Mohd Nasir Nordin.

According to the charge, Azlizan, who was then the company's chief executive officer, was entrusted with RM37,374,612.68 for the investment of a 50-megawatt (MW) large-scale solar photovoltaic power generation project in Gambang.

He was accused of dishonestly misappropriating the funds by making payments for purposes other than the intended investment.

The offence was allegedly committed between Feb 2 and Oct 2, 2017, at Affin Bank Bhd's UiTM Shah Alam branch on Level 2 of Menara Sultan Abdul Aziz Shah.

Azlizan was charged under Section 409 of the Penal Code, which provides for a jail term of between two and 20 years, whipping and a fine upon conviction.

He told the court interpreter that he understood the charge and the penalties.

Azlizan arrived in a wheelchair shortly before 9am, accompanied by several family members.

When his case was called, a court police officer pushed him to the area next to the dock.

Deputy public prosecutor Law Chin How, who appeared with 'Atirah Mohamad Azuarizainuddin, applied for bail of RM100,000 with one surety.

He also applied for Azlizan to report to the Malaysian Anti-Corruption Commission (MACC) once every three months.

"The court must consider that this offence involves over RM30 million, a substantial sum, and this is a high-profile case.

"The reputation of UiTM and UiTM Holdings is at stake, and this involves public fund leakages.

"With all these factors, the proposed bail sum of RM100,000 is reasonable," he said.

Law also told the court that a medical report received by the prosecution stated that Azlizan had suffered a stroke and had cognitive impairment.

Defence lawyer Hasshahari Johari Mawi asked the court to consider his client's health condition and financial circumstances when determining bail.

He asked for the amount to be reduced to RM20,000.

"My client has severe health problems which are affecting his brain and bodily functions, yet he turned up to court today to face the charge.

"He is no longer working and has no income after leaving the position. He is fully financially dependent on his wife, who is supporting their seven children aged between 14 and 21, who are still studying," he said.

He said the amount stated in the charge should not be the only factor considered when determining the bail quantum.

He added that his client's health condition should also be taken into account.

He told the judge that Azlizan's condition rendered him unable to live independently.

He also said his client posed no risk of absconding or harassing prosecution witnesses.

He said there had been no complaints from the authorities that his client had refused to cooperate with investigators or taken any inappropriate action throughout the investigation.

He offered Azlizan's passport to be surrendered to the court and proposed two local sureties.

He also did not object to the prosecution's request for Azlizan to report to the MACC once every three months.

After hearing submissions from both sides, Nasir granted Azlizan bail of RM50,000 with two sureties.

The court also ordered him to surrender his passport, report to the MACC once every three months and refrain from harassing prosecution witnesses.

The court fixed Nov 3 for mention.

After the proceedings, Hasshahari said Azlizan's wife and a family member would post bail.