A former construction project manager appeared before the Kota Bharu Sessions Court on September 15, 2026, to face a criminal breach of trust (CBT) charge involving RM14,000 in contractor penalty collections tied to a Lembaga Tabung Haji commercial development — and entered an unequivocal plea of not guilty.
Accused Identified as Former THP Timur Sdn Bhd Construction Manager
Mohamad Hashim Mukhatap, 53, who previously served as Construction Manager for THP Timur Sdn Bhd — a subsidiary of Lembaga Tabung Haji — stands accused of misappropriating RM14,000 that had been collected as contractual penalties from Kelpile Sdn Bhd, the appointed contractor on the project.
Prosecutors allege the funds were not remitted to the company but were instead deposited directly into Mohamad Hashim’s personal bank account, constituting a criminal breach of trust by an agent under Malaysian law.
The Alleged Offence: Penalty Funds Diverted Over a Nine-Month Window
The charge specifies that the alleged misappropriation took place at Sofea Residensi, Lot 10015, Section 12, Kota Bharu, between November 15, 2017, and August 8, 2018 — a period spanning approximately nine months.
The underlying project is a large-scale mixed-use development: a proposed 22-storey commercial building comprising 244 serviced apartment units, 4 penthouse units, commercial space, public amenities, parking facilities, and a single-level sub-basement, located on Lot 273, Section 12, Kota Bharu.
The RM14,000 in question represents penalty sums collected from contractor Kelpile Sdn Bhd as part of standard contractual enforcement mechanisms. Under the terms of the project agreement, such penalty collections are the fiduciary responsibility of the project manager to channel appropriately — not to retain personally.
Charge Framed Under Section 409 of the Penal Code, Carrying Up to 20 Years’ Imprisonment
The charge against Mohamad Hashim is framed under Section 409 of the Penal Code, which governs criminal breach of trust by a public servant, banker, merchant, factor, broker, attorney, or agent. Upon conviction, the provision carries a maximum penalty of 20 years’ imprisonment, whipping, and a fine.
Section 409 is among the more serious CBT provisions in Malaysian criminal law, specifically targeting individuals entrusted with property in their professional or fiduciary capacity — a category squarely applicable to a construction manager handling penalty collections on behalf of a corporate principal.
Bail Set at RM8,000 Following Competing Proposals from Both Sides
During the bail hearing, Malaysian Anti-Corruption Commission (MACC) Deputy Public Prosecutor Mariah Omar proposed bail at RM15,000, citing the nature of the offence and the need to ensure court attendance.
Defence counsel Fahmi Abd Moin Khairuddin countered with a request for bail to be reduced to RM5,000, arguing in favour of his client’s circumstances.
Sessions Court Judge Dazuki Ali fixed bail at RM8,000 with one surety — a figure between the two competing proposals. In addition, the court imposed the following conditions on the accused:
- Surrender of passport to the court
- Prohibition on interfering with prosecution witnesses
- Monthly reporting to the MACC Shah Alam office
Next Court Date Fixed for October 19
The Kota Bharu Sessions Court fixed October 19, 2026 as the next mention date, at which point procedural matters relating to the case management and disclosure are expected to be addressed.
The case is being investigated and prosecuted by the MACC, which handles corruption and breach-of-trust offences involving individuals in positions of trust within both public-linked and private entities in Malaysia.
Background: Lembaga Tabung Haji’s Commercial Property Arm
THP Timur Sdn Bhd, the company for which Mohamad Hashim served as Construction Manager, is a subsidiary of Lembaga Tabung Haji — Malaysia’s federal statutory body established to manage the savings and pilgrimage affairs of Malaysian Muslims. Tabung Haji operates a diversified investment portfolio that includes real estate development through its subsidiary entities.
The Sofea Residensi project in Kota Bharu, where the alleged offence took place, represents one such commercial development under the Tabung Haji group’s property development activities. Cases involving misappropriation within Tabung Haji subsidiaries attract heightened public interest given the institution’s role as custodian of Muslim pilgrimage funds contributed by millions of Malaysians.
Mohamad Hashim Mukhatap has pleaded not guilty to the charge and is presumed innocent unless and until proven guilty by a court of law. The case is scheduled for mention on October 19, 2026, at the Kota Bharu Sessions Court. — Bernama/Malay Mail
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