WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

The court held that the prosecution failed to prove a prima facie case on all charges: although the prosecution established that the accused was an agent/authorised signatory and had control over company accounts (s.409 element of agency and dominion), it failed to prove dishonest criminal breach of trust; the prosecution failed to prove that the 73 cheques were forged by the accused or that accused used forged documents with intent to cheat (s.468); and AMLA offences under s.4(1)(b) failed because predicate offences were not established and there was insufficient evidence that the accused knew or had reasonable grounds to suspect the funds were proceeds of unlawful activity. Accordingly...

Citation
NA-62K-101-12/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-101-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Close of Prosecution (no Prima Facie Case; Accused Discharged Without Being Called to Enter Defence)
Outcome
Accused discharged and acquitted on all charges; no prima facie case; released without being called to enter defence
Legal Topics
Criminal Breach of Trust (s.409 Penal Code), Forgery for Purpose of Cheating (s.468 Penal Code), Money Laundering (s.4(1)(b) Amla/act 613), Prima Facie Sufficiency Under S.180 CPC, Handwriting Expert Evidence, Agency and Authorised Signatory
Source Language
Malay/English
Criminal Law Anti‑money Laundering Banking/financial Crime Evidence/forensic Evidence Criminal Breach of Trust (s.409 Penal Code) Forgery for Purpose of Cheating (s.468 Penal Code) Money Laundering (s.4(1)(b) Amla/act 613) Prima Facie Sufficiency Under S.180 CPC +2 more

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Parties

Pendakwa Raya

Prosecution

Wong Tze Wei

Accused

Procedural Posture

Criminal / Trial Close of Prosecution (no Prima Facie Case; Accused Discharged Without Being Called to Enter Defence)

Legal Issues

  1. 1 Whether prosecution established a prima facie case for offence under s.409 Penal Code (criminal breach of trust)
  2. 2 Whether prosecution proved accused forged 73 CIMB cheques and committed offence under s.468 Penal Code
  3. 3 Whether funds withdrawn were proceeds of unlawful activity and accused committed money laundering under s.4(1)(b) AMLA (Act 613)

Ratio Decidendi

The court held that the prosecution failed to prove a prima facie case on all charges: although the prosecution established that the accused was an agent/authorised signatory and had control over company accounts (s.409 element of agency and dominion), it failed to prove dishonest criminal breach of trust; the prosecution failed to prove that the 73 cheques were forged by the accused or that accused used forged documents with intent to cheat (s.468); and AMLA offences under s.4(1)(b) failed because predicate offences were not established and there was insufficient evidence that the accused knew or had reasonable grounds to suspect the funds were proceeds of unlawful activity. Accordingly...

Court Disposition

Accused discharged and acquitted on all charges; no prima facie case; released without being called to enter defence

Orders

  • Accused discharged and acquitted without being called to enter defence on all charges
  • Bail (security) returned to surety