WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

Court discharged the accused at close of prosecution because prosecution failed to establish a prima facie case on all counts: although agency and control elements were proved, there was no reliable evidence of dishonest misappropriation for s409; expert and documentary evidence did not prove accused forged the 73 cheques for s468; and predicate offences and requisite knowledge/suspicion for AMLA were not established, so no prima facie case for money‑laundering either.

Citation
NA-62K-115-12/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-115-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Close of Prosecution (discharged Without Being Called to Enter Defence)
Outcome
Accused discharged and released; no call to enter defence; acquitted at close of prosecution.
Legal Topics
Criminal Breach of Trust (s409 Kanun Keseksaan), Forgery for Purpose of Cheating (s468 Kanun Keseksaan), Money Laundering (s4(1)(b) Akta 613), Prima Facie Assessment Under S180 CPC, Forensic Handwriting Evidence Reliability
Source Language
Malay/English
Criminal Law Commercial/corporate Law Banking Law Anti Money Laundering Law Evidence (handwriting Expert) Criminal Breach of Trust (s409 Kanun Keseksaan) Forgery for Purpose of Cheating (s468 Kanun Keseksaan) Money Laundering (s4(1)(b) Akta 613) +2 more

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Parties

Pendakwa Raya

Prosecution

Wong Tze Wei

Accused

Procedural Posture

Criminal / Close of Prosecution (discharged Without Being Called to Enter Defence)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s409 Kanun Keseksaan (criminal breach of trust)
  2. 2 Whether prosecution established a prima facie case under s468 Kanun Keseksaan (forgery for purpose of cheating)
  3. 3 Whether prosecution established a prima facie case under s4(1)(b) Akta 613 (money laundering)

Ratio Decidendi

Court discharged the accused at close of prosecution because prosecution failed to establish a prima facie case on all counts: although agency and control elements were proved, there was no reliable evidence of dishonest misappropriation for s409; expert and documentary evidence did not prove accused forged the 73 cheques for s468; and predicate offences and requisite knowledge/suspicion for AMLA were not established, so no prima facie case for money‑laundering either.

Court Disposition

Accused discharged and released; no call to enter defence; acquitted at close of prosecution.

Orders

  • Accused discharged and freed from all charges without being called to enter defence.
  • Bail returned to surety.