WONG TZE WEI

WONG TZE WEI

The court applied the Looi s.180 prima facie test and found the prosecution established control/agency elements but failed to prove the essential dishonest/intent element for s409; failed to prove forgery and that the accused forged signatures or intended cheating under s468 (expert evidence internally inconsistent and no direct proof accused forged signatures); and failed to prove AMLA offences because predicate offences were not established and there was no proof the accused knew or had reasonable suspicion the funds were proceeds of unlawful activity. Accordingly there was no prima facie case and the accused was discharged and acquitted.

Citation
NA-62K-6-03/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Defendant: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-6-03/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Close of Prosecution — Accused Discharged and Acquitted Without Being Called to Enter Defence
Outcome
Accused discharged and acquitted of all charges without being called to enter defence; bail returned to surety; prosecution filed a notice of appeal
Legal Topics
Section 409 Criminal Breach of Trust, Section 468 Forgery for the Purpose of Cheating, Section 4(1)(b) AMLA (money Laundering), Prima Facie Test Under S.180 CPC / Looi Kow Chai
Source Language
Malay/English
Criminal Law Fraud Forgery Money Laundering Banking/commercial Law Evidence Section 409 Criminal Breach of Trust Section 468 Forgery for the Purpose of Cheating +2 more

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Parties

Pendakwa Raya

Prosecutor

Wong Tze Wei

Defendant

Procedural Posture

Criminal / Close of Prosecution — Accused Discharged and Acquitted Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether the prosecution established a prima facie case under s409 Penal Code (criminal breach of trust)
  2. 2 Whether the prosecution established forgery and intent under s468 Penal Code
  3. 3 Whether the prosecution proved money laundering under s4(1)(b) AMLA, including predicate offence and accused's knowledge or suspicion

Ratio Decidendi

The court applied the Looi s.180 prima facie test and found the prosecution established control/agency elements but failed to prove the essential dishonest/intent element for s409; failed to prove forgery and that the accused forged signatures or intended cheating under s468 (expert evidence internally inconsistent and no direct proof accused forged signatures); and failed to prove AMLA offences because predicate offences were not established and there was no proof the accused knew or had reasonable suspicion the funds were proceeds of unlawful activity. Accordingly there was no prima facie case and the accused was discharged and acquitted.

Court Disposition

Accused discharged and acquitted of all charges without being called to enter defence; bail returned to surety; prosecution filed a notice of appeal

Orders

  • Accused discharged and acquitted of all charges without being called to enter defence
  • Bail returned to surety