WONG JUN JIE

WONG JUN JIE

Although the notes were proven counterfeit by Bank Negara, the prosecution failed to prove two essential elements under s489B: that the accused was the person who used the notes as genuine in the transaction and that he knew they were counterfeit. Significant investigative gaps (no phone forensics, no fingerprint analysis, failure to call material witnesses from related investigations and the person who opened the rented premises) left reasonable doubt and prevented a finding of a prima facie case; therefore the accused was acquitted at the end of the prosecution's case.

Citation
JA-62K-44-07/2023 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Wong Jun Jie (No. KPT: 030526040099)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 October 2025
Case Number
JA-62K-44-07/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal (section 489 B Penal Code) / Sessions Court Judgment Accused Acquitted at End of Prosecution; Prosecution Has Filed an Appeal
Outcome
Accused acquitted and discharged at the close of the prosecution's case (not called to enter defence); prosecution has lodged an appeal
Legal Topics
Prima Facie Case, Burden of Proof at End of Prosecution, Knowledge/mens Rea for Using Counterfeit Currency, Chain of Custody, Identification of Accused, Adverse Inference Under S114(g) Evidence Act
Source Language
Malay/English
Criminal Law Evidence Currency Counterfeiting Procedural Law Prima Facie Case Burden of Proof at End of Prosecution Knowledge/mens Rea for Using Counterfeit Currency Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecutor

Wong Jun Jie (No. KPT: 030526040099)

Accused

Procedural Posture

Criminal (section 489 B Penal Code) / Sessions Court Judgment Accused Acquitted at End of Prosecution; Prosecution Has Filed an Appeal

Legal Issues

  1. 1 Whether the seized notes (Exhibit P7(1-57)) were counterfeit
  2. 2 Whether the accused used the notes as genuine in payment
  3. 3 Whether the accused knew the notes were counterfeit

Ratio Decidendi

Although the notes were proven counterfeit by Bank Negara, the prosecution failed to prove two essential elements under s489B: that the accused was the person who used the notes as genuine in the transaction and that he knew they were counterfeit. Significant investigative gaps (no phone forensics, no fingerprint analysis, failure to call material witnesses from related investigations and the person who opened the rented premises) left reasonable doubt and prevented a finding of a prima facie case; therefore the accused was acquitted at the end of the prosecution's case.

Court Disposition

Accused acquitted and discharged at the close of the prosecution's case (not called to enter defence); prosecution has lodged an appeal

Orders

  • Accused is acquitted and discharged without being called to enter his defence
  • Record of acquittal entered pursuant to consideration under s173(f) KTJ