WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

The prosecution failed to establish a prima facie case on all charges. For s.409 prosecution proved agency and control over funds but failed to prove dishonest intention to appropriate funds. For s.468 prosecution failed to prove the 73 cheques were forged by the accused because expert evidence was inconsistent and there was no direct proof the accused forged signatures; bank processing and evidence showed funds were used to pay contractors. For s.4(1)(b) AMLA the predicate offences were not proved and there was insufficient proof the accused knew or had reasonable suspicion funds were proceeds of unlawful activity. Consequently the accused was discharged and released without being called...

Citation
NA-62K-99-12/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused/defendant: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-99-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (penal Code Offences and Anti‑money Laundering Act 2001) / End of Prosecution Case (judge Considered Whether Prima Facie Case Established)
Outcome
Accused discharged and released; no prima facie case made out on all charges (sections 409 and 468 Penal Code and s.4(1)(b) AMLA)
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 Threshold Under S.180 Criminal Procedure Code, Handwriting/expert Evidence
Source Language
Malay/English
Criminal Law Forgery Money Laundering Commercial/corporate Crimes Evidence (expert Handwriting) 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) +2 more

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Parties

Pendakwa Raya

Prosecutor

Wong Tze Wei

Accused/defendant

Procedural Posture

Criminal (penal Code Offences and Anti‑money Laundering Act 2001) / End of Prosecution Case (judge Considered Whether Prima Facie Case Established)

Legal Issues

  1. 1 Whether prosecution established a prima facie case for criminal breach of trust under section 409 Penal Code
  2. 2 Whether prosecution established forgery (section 468 Penal Code) by proving the accused forged 73 bank cheques and intended to cheat
  3. 3 Whether prosecution established money‑laundering under section 4(1)(b) AMLA by proving proceeds were from predicate offences and the accused knew or had reasonable suspicion

Ratio Decidendi

The prosecution failed to establish a prima facie case on all charges. For s.409 prosecution proved agency and control over funds but failed to prove dishonest intention to appropriate funds. For s.468 prosecution failed to prove the 73 cheques were forged by the accused because expert evidence was inconsistent and there was no direct proof the accused forged signatures; bank processing and evidence showed funds were used to pay contractors. For s.4(1)(b) AMLA the predicate offences were not proved and there was insufficient proof the accused knew or had reasonable suspicion funds were proceeds of unlawful activity. Consequently the accused was discharged and released without being called...

Court Disposition

Accused discharged and released; no prima facie case made out on all charges (sections 409 and 468 Penal Code and s.4(1)(b) AMLA)

Orders

  • Accused discharged and freed without being called to enter defence
  • Bail monies returned to surety