WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

Prosecution proved that the accused was an authorised agent and controlled company accounts (elements one and two of s409) but failed to prove dishonest misappropriation; prosecution failed to prove forgery and that the accused forged signatures on 73 cheques under s468; prosecution likewise failed to prove predicate offences and requisite knowledge for AMLA s4(1)(b). On the totality of the prosecution evidence and applying the s180/Looi Kow Chai test, no prima facie case existed; therefore the accused must be discharged and acquitted without being called to enter a defence.

Citation
NA-62K-117-12/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-117-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (sections 409, 468 Penal Code; Section 4(1)(b) Amla) / Close of Prosecution (no Prima Facie Found; Accused Discharged)
Outcome
Accused discharged and acquitted of all charges; released without being called to enter defence
Legal Topics
Criminal Breach of Trust (s409 Penal Code), Forgery for the Purpose of Cheating (s468 Penal Code), Money Laundering (s4(1)(b) Akta 613), Prima Facie Test Under S180 CPC (looi Kow Chai), Forensic Handwriting Evidence
Source Language
Malay/English
Criminal Law Anti‑money Laundering Commercial/corporate Law Banking Law Evidence Criminal Breach of Trust (s409 Penal Code) Forgery for the Purpose of Cheating (s468 Penal Code) Money Laundering (s4(1)(b) Akta 613) +2 more

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Parties

Pendakwa Raya

Prosecutor

Wong Tze Wei

Accused

Procedural Posture

Criminal (sections 409, 468 Penal Code; Section 4(1)(b) Amla) / Close of Prosecution (no Prima Facie Found; Accused Discharged)

Legal Issues

  1. 1 Whether prosecution proved all elements of s409 (criminal breach of trust)
  2. 2 Whether prosecution proved forgery and dishonest intent under s468
  3. 3 Whether prosecution proved money‑laundering under s4(1)(b) Akta 613 including predicate offence and mens rea

Ratio Decidendi

Prosecution proved that the accused was an authorised agent and controlled company accounts (elements one and two of s409) but failed to prove dishonest misappropriation; prosecution failed to prove forgery and that the accused forged signatures on 73 cheques under s468; prosecution likewise failed to prove predicate offences and requisite knowledge for AMLA s4(1)(b). On the totality of the prosecution evidence and applying the s180/Looi Kow Chai test, no prima facie case existed; therefore the accused must be discharged and acquitted without being called to enter a defence.

Court Disposition

Accused discharged and acquitted of all charges; released without being called to enter defence

Orders

  • Accused released and discharged of all charges
  • Bail bond returned to surety