ONG KEH KEONG [Timbalan (TPR), Jabatan Peguam Negara]

ONG KEH KEONG [Timbalan (TPR), Jabatan Peguam Negara]

Conviction is unsafe and must be set aside because the appellant was materially prejudiced: different judges heard the prima facie and defence stages without a full de novo hearing or adequate reasons; HMS2 failed to personally assess demeanour and credibility of prosecution witnesses and contemporaneous documentary...

Source-derived case information.

Citation
BA-42K-3-03/2021 (Mahkamah Tinggi)
Parties
Appellant: Ong Keh Keong; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 February 2024
Case Number
BA-42K-3-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (money Laundering Under Amla) / Judgment on Appeal; Conviction and Sentence Set Aside
Outcome
Appeal allowed; convictions and sentences imposed by HMS2 on 22 February 2021 set aside
Legal Topics
Right to Fair Trial, De Novo Hearing, Prima Facie Hearing, Credibility and Demeanour Assessment, Recall of Prosecution Witnesses, AMLA S4(1)(a) and S4(4), Turquand’s Rule, Contemporaneous Documentary Evidence
Criminal Law Anti‑money Laundering Constitutional Law (fair Trial) Criminal Procedure Right to Fair Trial De Novo Hearing Prima Facie Hearing Credibility and Demeanour Assessment +4 more

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Parties

Ong Keh Keong

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (money Laundering Under Amla) / Judgment on Appeal; Conviction and Sentence Set Aside

  1. 1 Whether appellant was denied right to a fair trial where different judges heard prima facie and defence stages without a de novo hearing
  2. 2 Whether s.261 Criminal Procedure Code required witnesses to be re‑summoned or a de novo hearing when case remitted
  3. 3 Whether refusal to allow recall of key prosecution witnesses (including investigating officer) prejudiced defence

Ratio Decidendi

Conviction is unsafe and must be set aside because the appellant was materially prejudiced: different judges heard the prima facie and defence stages without a full de novo hearing or adequate reasons; HMS2 failed to personally assess demeanour and credibility of prosecution witnesses and contemporaneous documentary evidence and refused to allow recall of key prosecution witnesses without reasons; these defects denied the appellant a fair trial.

Court Disposition

Appeal allowed; convictions and sentences imposed by HMS2 on 22 February 2021 set aside

Orders

  • Convictions and sentences dated 22.2.2021 by HMS2 are set aside