WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

The prosecution failed to prove essential elements for all charges: for s.409 the prosecution did not prove dishonest criminal breach of trust (third element); for s.468 the prosecution failed to prove that the 73 cheques were forged by the accused or that the cheques were proved false beyond reasonable doubt given contradictions and lack of proof of authorship; for AMLA s.4(1)(b) the predicate offences underpinning the alleged proceeds were not established and there was no proof the accused knew or ought to have suspected the illicit origin. Consequently no prima facie case existed and the accused was discharged and acquitted without being called to enter a defence.

Citation
NA-62K-91-12/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-91-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Charges Under Penal Code Ss.409 and 468 and AMLA S.4(1)(b) / End of Prosecution Case; Court Found No Prima Facie Case and Discharged the Accused
Outcome
Accused discharged and acquitted; no prima facie case established; bail returned to surety.
Legal Topics
Breach of Trust, Forgery, Money Laundering, Prima Facie Standard, Handwriting Expert Evidence, Banking Transaction Procedures
Source Language
Malay/English
Criminal Law Anti Money Laundering Commercial/corporate Law Evidence Breach of Trust Forgery Money Laundering Prima Facie Standard +2 more

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Parties

Pendakwa Raya

Prosecution

Wong Tze Wei

Defendant

Procedural Posture

Criminal Charges Under Penal Code Ss.409 and 468 and AMLA S.4(1)(b) / End of Prosecution Case; Court Found No Prima Facie Case and Discharged the Accused

Legal Issues

  1. 1 Whether prosecution proved all elements of section 409 Criminal breach of trust
  2. 2 Whether prosecution proved forgery and intent under section 468
  3. 3 Whether prosecution proved money laundering under section 4(1)(b) AMLA including predicate offence and knowledge

Ratio Decidendi

The prosecution failed to prove essential elements for all charges: for s.409 the prosecution did not prove dishonest criminal breach of trust (third element); for s.468 the prosecution failed to prove that the 73 cheques were forged by the accused or that the cheques were proved false beyond reasonable doubt given contradictions and lack of proof of authorship; for AMLA s.4(1)(b) the predicate offences underpinning the alleged proceeds were not established and there was no proof the accused knew or ought to have suspected the illicit origin. Consequently no prima facie case existed and the accused was discharged and acquitted without being called to enter a defence.

Court Disposition

Accused discharged and acquitted; no prima facie case established; bail returned to surety.

Orders

  • Tertuduh dilepaskan dan dibebaskan tanpa dipanggil untuk membela diri bagi semua pertuduhan
  • Wang jaminan dikembalikan kepada penjamin