Consequently he was freed of the two main charges framed against him - making false statements in a statutory declaration and cheating a bank.
He will be sentenced on Wednesday at 10am after Sessions Court Judge Duncan Sikodol adjourned the case to enable the defence to prepare the mitigation.
The prosecution tendered an alternative charge to the second charge framed against Suhaili, who was supposed to stand over four days on the two charges commencing Tuesday.
Suhaili, 50, admitted to being the guarantor for a RM110,000 loan and RM50,000 overdraft to Saraequity Sdn Bhd to purchase an apartment unit at Api-Api Centre here without informing Malayan Banking Berhad, that he was an undischarged bankrupt.
Suhaili is accused of committing the offence at the Malayan Banking Berhad Kota Kinabalu branch on April 3, 1996.
The offence under Section 109 (1)(m)(ii) of the Bankruptcy Act 1967 carries a jail term of up to two years of fine or both on conviction.
Sikodol discharged and acquitted Suhaili of the two main charges after the prosecution informed the court that they would not be offering any evidence in regard to pursuing the charges and left it to the court.
Counsel Rakbir Singh, who represented Suhaili, also urged the court to discharge and acquit his client of the two main charges in view of the fact that no further evidence was being offered by the prosecution.
Suhaili's second charge accused him of cheating a bank by using someone else's identity to act as a guarantor for a RM160,000 housing loan at the office of Malayan Banking Bhd, Kota Kinabalu branch here between April 3 and April 11, 1996. He was accused of leading bank manager one Ismail Jantan into believing that he was Ahmad Suhaili bearing the Identity Card No:H0552181, who will act as a guarantor in a 'Maybank Application for Accommodation Face Sheet' form to apply for a RM110,000 Maxihome Term Loan and RM50,000 overdraft to purchase an apartment unit at Api-Api Centre here.
He had on April 13, 2009 denied the charge framed under Section 420 of the Penal Code which carries a jail term of between one year and 10 years with whipping and liable to a fine on conviction.
Suhaili had on April 14, 2009 claimed trial to the first count of making a false statement in a statutory declaration before Justice of the Peace (JP) Haji Mohd Naser Mohd Noor at the JP office here on Aug 3, 1995, for the purpose of registering Saraequity Sdn Bhd.
The charge under Section 199 of the Penal Code carries a jail term of up to three years and liable to a fine on conviction.
Earlier, during Tuesday's proceedings, Malaysian Anti-Corruption Commission's Deputy Public Prosecutor (DPP) Fariza Hamzah, who prosecuted together with DPP Nafhatun Mohd Pozi, told the court that a report was received that a fake identity card had been issued under the name of one Ahmad Suhaili Abdul Rahman bearing the serial number H0552181.
Further information revealed that the said fake document had been used by Suhaili to become a guarantor for Saraequity Sdn Bhd to gain access to a RM110,000 loan and RM50,000 overdraft on April 3, 1996.
The loan application, with Suhaili as guarantor was approved by Malayan Bank on April 9, 1996.
The court heard that Suhaili, whose identity card bears the serial number H0477025 was declared bankrupt through a court order on Feb. 19, 1993.
Fariza said Suhaili did not declare to the said bank that he was an undischarged bankrupt while applying for the loan.
She added that Suhaili was subsequently freed from bankruptcy through a court order dated May 9, 1997.
Fariza further said that a search at the National Registration Department found that the identity card bearing the serial number H0552181 was not approved.
Daily Express Newspaper Sabah
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