27 Apr 2021
PUBLIC PROSECUTOR KELVIN TONG TENG HOE
- Citation
- WA-42K-1-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-42K-1-06/2020 (Mahkamah Tinggi)
The High Court upheld the Sessions Court acquittal because the prosecution failed to prove essential elements of s.409: the respondent was not shown to be an agent entrusted with Faigam Tuning PLT's property, there was evidence of the owner's knowledge/consent to the sale, the prosecution did not prove receipt of RM411,370 by the respondent (relevant bank documents were not admitted as primary evidence), and the date/place of alleged offence was not established; thus no criminal breach of trust was made out and the acquittal stands.