WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

Prosecution failed to establish a prima facie case across all counts: for s.409 the required dishonest intent (third element) was not proved as withdrawals were shown to be for company payments; for s.468 prosecution did not prove cheques were forged by accused (expert evidence inconsistent and no direct attribution) and bank acceptance undermined forgery inference; for AMLA prosecution failed to prove proceeds derived from proved predicate offence and failed to prove accused had knowledge or reasonable suspicion; therefore accused discharged and acquitted without being called to enter defence.

Citation
NA-62K-102-12/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Wong Tze Wei
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-62K-102-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Offences Under Penal Code Ss.409 and 468 and AMLA S.4(1)(b) (anti‑money Laundering) / End of Prosecution Case Accused Discharged and Acquitted Without Being Called to Enter Defence (no Prima Facie Case)
Outcome
Accused (Wong Tze Wei) discharged and acquitted on all charges; no prima facie case found; accused released without being called to enter defence.
Legal Topics
Criminal Breach of Trust (s.409), Forgery for Purpose of Cheating (s.468), Money Laundering (amla S.4(1)(b)), Prima Facie Threshold, Signature/expert Handwriting Evidence, Agency and Authority Over Company Accounts
Source Language
Malay/English
Criminal Law Anti‑money Laundering Law Commercial/banking Law Evidence Law Criminal Breach of Trust (s.409) Forgery for Purpose of Cheating (s.468) Money Laundering (amla S.4(1)(b)) Prima Facie Threshold +2 more

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Parties

Pendakwa Raya

Prosecution

Wong Tze Wei

Defendant

Procedural Posture

Criminal Offences Under Penal Code Ss.409 and 468 and AMLA S.4(1)(b) (anti‑money Laundering) / End of Prosecution Case Accused Discharged and Acquitted Without Being Called to Enter Defence (no Prima Facie Case)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.409 Penal Code (criminal breach of trust)
  2. 2 Whether 73 CIMB cheques were forged and accused committed offence under s.468 Penal Code
  3. 3 Whether proceeds used/transferred constituted proceeds of unlawful activity and accused had requisite knowledge under s.4(1)(b) AMLA

Ratio Decidendi

Prosecution failed to establish a prima facie case across all counts: for s.409 the required dishonest intent (third element) was not proved as withdrawals were shown to be for company payments; for s.468 prosecution did not prove cheques were forged by accused (expert evidence inconsistent and no direct attribution) and bank acceptance undermined forgery inference; for AMLA prosecution failed to prove proceeds derived from proved predicate offence and failed to prove accused had knowledge or reasonable suspicion; therefore accused discharged and acquitted without being called to enter defence.

Court Disposition

Accused (Wong Tze Wei) discharged and acquitted on all charges; no prima facie case found; accused released without being called to enter defence.

Orders

  • Accused discharged and acquitted without being called to enter defence
  • Bail monies returned to surety