WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

Prosecution failed to prove essential elements of the charged offences beyond a prima facie threshold: third element of s.409 (dishonesty) not established; forgery and authorship of signatures on 73 cheques under s.468 not proved with sufficient, consistent expert and direct evidence; AMLA offences failed because predicate offences and knowledge/suspicion elements were not established. Accordingly no prima facie case existed and accused was discharged and acquitted without being called to enter defence.

Citation
NA-62K-112-12/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-112-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Charges Under Penal Code Ss.409 and 468 and AMLA S.4(1)(b) / End of Prosecution Case; Accused Discharged and Released (no Prima Facie)
Outcome
Accused discharged and acquitted; no prima facie case; released without being called to enter defence
Legal Topics
Criminal Breach of Trust, Forgery, Money Laundering, Prima Facie Test, Evidential Sufficiency, Signature Comparison
Source Language
Malay/English
Criminal Law Commercial Crime Forgery Anti Money Laundering Banking Law Criminal Breach of Trust Money Laundering Prima Facie Test +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; Accused Discharged and Released (no Prima Facie)

Legal Issues

  1. 1 Whether prosecution established a prima facie case on charges under s.409 Penal Code
  2. 2 Whether 73 CIMB cheques were forged and whether accused forged signatures (s.468 Penal Code)
  3. 3 Whether prosecution proved money laundering under s.4(1)(b) AMLA including predicate offence and knowledge

Ratio Decidendi

Prosecution failed to prove essential elements of the charged offences beyond a prima facie threshold: third element of s.409 (dishonesty) not established; forgery and authorship of signatures on 73 cheques under s.468 not proved with sufficient, consistent expert and direct evidence; AMLA offences failed because predicate offences and knowledge/suspicion elements were not established. Accordingly no prima facie case existed and accused was discharged and acquitted without being called to enter defence.

Court Disposition

Accused discharged and acquitted; no prima facie case; released without being called to enter defence

Orders

  • Accused discharged and acquitted on all charges
  • Bail monies returned to surety