WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

The court held the prosecution failed to discharge its burden to establish a prima facie case on all counts: although the prosecution proved that the accused was an agent and had control over accounts (s.409 elements one and two), 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 he intended to cheat (s.468); and the AMLA counts failed because the predicate offences were not proven to produce the proceeds and there was no proof the accused knew or had reasonable suspicion the funds were proceeds of unlawful activity. Therefore the accused was discharged and freed without being called to enter defence.

Citation
NA-62K-116-12/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-116-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (charges: S.409, S.468 Penal Code; S.4(1)(b) Amla) / Close of Prosecution — Accused Discharged and Freed Without Being Called to Enter Defence
Outcome
Accused discharged and acquitted at close of prosecution; released without being called to enter defence.
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/act 613), Prima Facie Standard at Close of Prosecution
Source Language
Malay/English
Criminal Law Corporate/commercial Law Anti‑money Laundering Criminal Breach of Trust (section 409 Penal Code) Forgery for Purpose of Cheating (section 468 Penal Code) Money Laundering (section 4(1)(b) Amla/act 613) Prima Facie Standard at Close of Prosecution

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Parties

Pendakwa Raya

Prosecution

Wong Tze Wei

Accused

Procedural Posture

Criminal (charges: S.409, S.468 Penal Code; S.4(1)(b) Amla) / Close of Prosecution — Accused Discharged and Freed Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether prosecution proved elements of s.409 (criminal breach of trust) including dishonest intent
  2. 2 Whether prosecution proved elements of s.468 (forgery) including that accused forged signatures and intended to cheat
  3. 3 Whether prosecution proved elements of s.4(1)(b) AMLA including proceeds were from predicate offences and accused knew or had reasonable suspicion

Ratio Decidendi

The court held the prosecution failed to discharge its burden to establish a prima facie case on all counts: although the prosecution proved that the accused was an agent and had control over accounts (s.409 elements one and two), 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 he intended to cheat (s.468); and the AMLA counts failed because the predicate offences were not proven to produce the proceeds and there was no proof the accused knew or had reasonable suspicion the funds were proceeds of unlawful activity. Therefore the accused was discharged and freed without being called to enter defence.

Court Disposition

Accused discharged and acquitted at close of prosecution; released without being called to enter defence.

Orders

  • All charges dismissed at close of prosecution
  • Bail monies returned to the surety