WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

Court found prosecution proved agency and control elements for s409 but failed to prove dishonesty/curang element; prosecution failed to prove cheques were forged by accused or that accused had requisite dishonest intent under s468; prosecution failed to prove predicate offences and knowledge/suspicion required for AMLA. Therefore no prima facie case existed on any charge and accused was discharged without being called to enter defence.

Citation
NA-62K-89-12/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor (Pendakwa Raya); Defendant: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-89-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (penal Code Offences and Amla) / No‑case to Answer at Close of Prosecution; Accused Discharged and Released
Outcome
Prosecution failed to establish prima facie case on all charges; accused released and discharged without being called to enter defence; bail returned to surety.
Legal Topics
Criminal Breach of Trust (s409 Penal Code), Forgery for Purpose of Cheating (s468 Penal Code), Money Laundering (s4(1)(b) Amla/act 613), Prima Facie/no‑case Submission, Expert Handwriting Evidence
Source Language
Malay/English
Criminal Law Anti‑money Laundering Commercial/banking Law Evidence Law Criminal Breach of Trust (s409 Penal Code) Forgery for Purpose of Cheating (s468 Penal Code) Money Laundering (s4(1)(b) Amla/act 613) Prima Facie/no‑case Submission +1 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecutor

Wong Tze Wei

Defendant

Procedural Posture

Criminal (penal Code Offences and Amla) / No‑case to Answer at Close of Prosecution; Accused Discharged and Released

Legal Issues

  1. 1 Whether prosecution established prima facie case under s409 Penal Code (criminal breach of trust)
  2. 2 Whether prosecution proved forgery and intent under s468 Penal Code for 73 cheques
  3. 3 Whether prosecution proved money‑laundering under s4(1)(b) AMLA including predicate offence and mens rea

Ratio Decidendi

Court found prosecution proved agency and control elements for s409 but failed to prove dishonesty/curang element; prosecution failed to prove cheques were forged by accused or that accused had requisite dishonest intent under s468; prosecution failed to prove predicate offences and knowledge/suspicion required for AMLA. Therefore no prima facie case existed on any charge and accused was discharged without being called to enter defence.

Court Disposition

Prosecution failed to establish prima facie case on all charges; accused released and discharged without being called to enter defence; bail returned to surety.

Orders

  • Accused Wong Tze Wei discharged and released from all charges
  • Bail/recognizance returned to surety