WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

The prosecution failed to establish a prima facie case on all counts: for s.409 the element of dishonest misappropriation (intent/curang) was not proven; for s.468 prosecution did not prove the cheques were forged by the accused or that the forged documents were used to cheat (handwriting expert evidence was contradictory and no direct evidence that accused forged signatures); for s.4(1)(b) AMLA prosecution failed to prove predicate unlawful proceeds and the accused's knowledge or reasonable suspicion. On that basis the court was not prepared to convict if accused remained silent and discharged and acquitted the accused without calling defence.

Citation
NA-62K-118-12/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-118-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (penal Code Offences and Amla) / End of Prosecution Case – Accused Discharged and Acquitted; Prosecution Filed Notice of Appeal
Outcome
Accused discharged and acquitted (no prima facie case) on all charges under s.409 and s.468 Penal Code and s.4(1)(b) AMLA; released without being called to enter defence
Legal Topics
Criminal Breach of Trust (s.409 Penal Code), Forgery for Purpose of Cheating (s.468 Penal Code), Money Laundering (s.4(1)(b) Amla/act 613), Prima Facie / No Case to Answer (s.180 CPC Principle), Forensic Signature Evidence
Source Language
Malay/English
Criminal Law Anti‑money Laundering Law Commercial/finance Law Evidence Law Criminal Breach of Trust (s.409 Penal Code) Forgery for Purpose of Cheating (s.468 Penal Code) Money Laundering (s.4(1)(b) Amla/act 613) Prima Facie / No Case to Answer (s.180 CPC Principle) +1 more

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Parties

Pendakwa Raya

Prosecution

Wong Tze Wei

Defendant

Procedural Posture

Criminal (penal Code Offences and Amla) / End of Prosecution Case – Accused Discharged and Acquitted; Prosecution Filed Notice of Appeal

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.409 Penal Code (criminal breach of trust)
  2. 2 Whether prosecution proved forgery under s.468 Penal Code and intent to use forged documents to cheat
  3. 3 Whether prosecution proved money laundering under s.4(1)(b) AMLA including predicate offences and knowledge/suspicion

Ratio Decidendi

The prosecution failed to establish a prima facie case on all counts: for s.409 the element of dishonest misappropriation (intent/curang) was not proven; for s.468 prosecution did not prove the cheques were forged by the accused or that the forged documents were used to cheat (handwriting expert evidence was contradictory and no direct evidence that accused forged signatures); for s.4(1)(b) AMLA prosecution failed to prove predicate unlawful proceeds and the accused's knowledge or reasonable suspicion. On that basis the court was not prepared to convict if accused remained silent and discharged and acquitted the accused without calling defence.

Court Disposition

Accused discharged and acquitted (no prima facie case) on all charges under s.409 and s.468 Penal Code and s.4(1)(b) AMLA; released without being called to enter defence

Orders

  • Accused released and discharged without being called to enter defence on all charges
  • Bail money returned to surety