PETALING JAYA: National Feedlot Corporation (NFCorp) director Datuk Seri Dr Mohamad Salleh Ismail yesterday lodged a police report against PKR strategy director Rafizi Ramli for 21 breaches under the Banking and Financial Institutions Act 1989 (BAFIA) for revealing private and confidential banking details protected under Part XIII, Secrecy and Information.
In the report, Mohamad Salleh stated Rafizi had distributed to the media banking details and credit ratings of NFCorp, National Meat and Livestock Corporation Sdn Bhd, Real Food Company Sdn Bhd, Agroscience Industries Sdn Bhd as well as personal bank details of the companies' directors and shareholders.
Mohamad Salleh said this was the first time in Malaysia sia's banking history that the public distribution and display of private and confidential details of 21 entities had been made without authorised consent at a Press conference by Rafizi on March 7.
NFCorp urged the police and Bank Negara Malaysia (BNM) to investigate these multiple contraventions of BAFIA.
The company had also earlier lodged a formal complaint with BNM against the bank that furnished the information.
According to Section 103 of BAFIA, the penalty for contravening Section 97(1) and (3) is a three-year imprisonment term and a RM3 million fine.
“Rafizi slandered my financial standing by insinuating I was not credit worthy for loans, that I had taken personal loans leveraging on a government soft loan deposit and taken personal loans for private investments in KL Eco City along this premise, when in actual fact, no loan was ever taken for these investments,” said Mohamad Salleh.
“Rafizi had misled the media and public with his deliberate distortion of the facts. All his statements were a combination of distorted facts, cherry-picked figures and outrageous lies.
“I have also made reports on numerous slanders made by him that have resulted in disrepute, public odium and outrage.”
The companies' and directors' lawyers were also in the midst of filing a suit against the bank which failed to check with its clients before revealing their information to a third party.
On March 12, Mohamad Salleh was charged by the KL Sessions Court with two counts of criminal breach of trust (CBT) and two offences under the Companies Act 1965 involving a total of RM49.7 million, related to the purchase of two luxury condominium units.
For the first charge, he is alleged to have, as a NFCorp director, committed CBT involving RM9,758,140, issuing staggered payments to purchase the two units in Bangsar's One Menerung.
For the second charge, Mohamad Salleh is alleged to have committed the same offence by transferring RM40 million via one NFCorp cheque into the National Meat and Livestock Corporation Sdn Bhd's account for the latter's use.
The two charges under Section 409 of the Penal Code provides for two to 20 years in jail and whipping, and a possible fine, if convicted.
‘NFCorp have bigger problems to solve'
PKR strategy director Rafizi Ramli said National Feedlot Corporation (NFCorp) director Datuk Seri Dr Mohamad Salleh Ismail should be more concerned about alleged abuse in mismanaging public funds instead of the Banking and Financial Institutions Act 1989 (BAFIA).
While he understood his approach with regards to information gathering may be questionable, Rafizi said he was willing to cooperate with police.
He said it was the NFCorp's right to question his whistleblowing approach in this issue.
“I have yet to see the police report lodged by NFCorp or receive any call from the police but I will definitely give my full cooperation.
“I may have breached BAFIA but Mohamad Salleh should be more concerned about his own wrongdoing,” Rafizi told The Malay Mail.
“I'm no BAFIA expert and it is their right to question (me). Once I receive a call, I will act accordingly.”