WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

Prosecution failed to establish the essential dishonest/mens rea element for s.409 (no evidence accused used funds for personal benefit or acted dishonestly); failed to prove forgery under s.468 because handwriting expert evidence was internally inconsistent and there was no proof accused forged signatures (bank processed cheques and clerk SP16 prepared documents); failed to prove AMLA charges because predicate offences were not established and there was no proof accused knew or had reasonable suspicion funds were proceeds of unlawful activity. Consequently no prima facie case existed and accused was discharged without being called to enter defence.

Citation
NA-62K-119-12/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-119-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial — Close of Prosecution (prima Facie Review); Accused Discharged Without Being Called to Enter Defence
Outcome
Accused discharged and released — no prima facie case; acquitted at close of prosecution (not called to enter defence) on all charges
Legal Topics
Criminal Breach of Trust (section 409 Penal Code), Forgery for Purpose of Cheating (section 468 Penal Code), Money Laundering (section 4(1)(b) AMLA 2001), Prima Facie Standard at Close of Prosecution (s.180 CPC / Looi Kow Chai)
Source Language
Malay/English
Criminal Law Anti‑money Laundering Commercial/banking Law Criminal Breach of Trust (section 409 Penal Code) Forgery for Purpose of Cheating (section 468 Penal Code) Money Laundering (section 4(1)(b) AMLA 2001) Prima Facie Standard at Close of Prosecution (s.180 CPC / Looi Kow Chai)

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Parties

Pendakwa Raya

Prosecution

Wong Tze Wei

Accused

Procedural Posture

Criminal / Trial — Close of Prosecution (prima Facie Review); Accused Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether prosecution established prima facie case under s.409 Penal Code (criminal breach of trust)
  2. 2 Whether prosecution proved forgery under s.468 Penal Code (73 cheques forged)
  3. 3 Whether prosecution proved money‑laundering under s.4(1)(b) AMLA including predicate offences and mens rea

Ratio Decidendi

Prosecution failed to establish the essential dishonest/mens rea element for s.409 (no evidence accused used funds for personal benefit or acted dishonestly); failed to prove forgery under s.468 because handwriting expert evidence was internally inconsistent and there was no proof accused forged signatures (bank processed cheques and clerk SP16 prepared documents); failed to prove AMLA charges because predicate offences were not established and there was no proof accused knew or had reasonable suspicion funds were proceeds of unlawful activity. Consequently no prima facie case existed and accused was discharged without being called to enter defence.

Court Disposition

Accused discharged and released — no prima facie case; acquitted at close of prosecution (not called to enter defence) on all charges

Orders

  • Accused released and discharged without being called to enter defence
  • Bail/security returned to surety