PUTRAJAYA, March 29 — A former lawyer was cleared by the Court of Appeal today on criminal breach of trust (CBT) and money-laundering charges.
A three-man bench comprising Justices Datuk Wira Mohtarudin Baki, Datuk Harmindar Singh Dhaliwal and Datuk Abdul Karim Abdul Jalil dismissed the prosecution’s appeal against a High Court’s decision in acquitting R. Arunachalam of the charges.
The panel unanimously ruled that the prosecution’s appeal did not have merits.
Justice Mohtarudin, who chaired the panel, said Arunachalam’s conviction was not safe and subsequently upheld his acquittal.
Arunachalam, 72, was seen embracing his lawyer Datuk Kamarul Hisham Kamaruddin after the court stood down its proceedings.
Arunachalam was found guilty by the Sessions Court in Kuala Lumpur in January 2014 on a criminal breach of trust charge and 10 counts of money laundering.
He was alleged to have committed CBT at Wisma Yakin, Jalan Masjid India here between Oct 15, 2009 and Dec 31,2009, involving a property, worth RM2.14 million, of which he was a trustee.
On the money laundering charges, Arunachalam was alleged to have committed the offence through 10 transactions at the Maybank Berhad and Affin Bank Berhad branches in Jalan Bunus, Off Jalan Masjid India between Oct 15, 2009 and Nov 18, 2009.
The Sessions Court had found him guilty and sentenced him to five years jail for criminal breach of trust and between one month and two years imprisonment for each of the 10 counts of money laundering.
He was ordered to serve the jail sentences concurrently.
Arunachalam was also fined RM3.9 million for the money laundering charges.
He appealed and last year, the High Court ruled in his favour and acquitted and discharged him of the charges, prompting the prosecution to appeal against the decision at the Court of Appeal.
Arunachalam, a lawyer for 33 years, was disbarred in March 2011 from his firm, Arun & Co. He appealed but the Kuala Lumpur High Court upheld the Bar Council’s decision.
Deputy public prosecutor Izwa Tonie prosecuted.
After the decision, Kamarul Hisham told reporters that his client has been vindicated by the Court of Appeal. — Bernama