[ ] PATHMARAJAH A/L MYLVAGANAM

[ ] PATHMARAJAH A/L MYLVAGANAM

The trial judge correctly found prosecution failed to prove a prima facie case on the predicate offence of abetment of forgery; absent proof of the unlawful activity there is no proven nexus to treat the bank transactions as proceeds of unlawful activity under section 4(1)(b) Act 613; appellate court will not disturb credibility findings of trial judge; appeal dismissed and acquittal affirmed.

Citation
WA-42K-11-12/2022 (Mahkamah Tinggi)
Parties
Appellant/prosecution: Public Prosecutor; Respondent/accused: Pathmarajah A/L Mylvaganam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 October 2023
Case Number
WA-42K-11-12/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed; accused acquitted and discharged of all charges
Legal Topics
Money Laundering, Forgery, Abetment, Burden of Proof, Client Trust Account
Source Language
Malay/English
Criminal Law Anti‑money Laundering Forgery Evidence Law Money Laundering Abetment Burden of Proof Client Trust Account

Case Brief

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Parties

Public Prosecutor

Appellant/prosecution

Pathmarajah A/L Mylvaganam

Respondent/accused

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether prosecution proved prima facie case for abetment of forgery under sections 468 read with 109 Penal Code
  2. 2 Whether elements of money laundering under section 4(1)(b) AMLATFPUA Act 2001 (Act 613) were established including nexus to unlawful activity
  3. 3 Whether appellate court should disturb trial judge's credibility findings and acquittal

Ratio Decidendi

The trial judge correctly found prosecution failed to prove a prima facie case on the predicate offence of abetment of forgery; absent proof of the unlawful activity there is no proven nexus to treat the bank transactions as proceeds of unlawful activity under section 4(1)(b) Act 613; appellate court will not disturb credibility findings of trial judge; appeal dismissed and acquittal affirmed.

Court Disposition

Appeal dismissed; accused acquitted and discharged of all charges

Orders

  • Appeal by Public Prosecutor dismissed pursuant to section 316 Criminal Procedure Code; accused stands acquitted and discharged of all charges preferred against him