Malaysia Case Law: Decisions & Judgments

Topic

Forensic handwriting evidence

Legal area

Court

11 Dec 2025

WONG TZE WEI @ JAMES WONG

Citation

NA-62K-114-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62K-114-12/2021 (Mahkamah Sesyen)

The prosecution failed to prove the essential elements of the charged offences: dishonesty in respect of s.409 (no evidence of misappropriation for accused's benefit), forgery and that the accused forged signatures for s.468 (expert evidence inconsistent and no proof accused forged signatures), and predicate offences/knowledge required for AMLA s4(1)(b); therefore no prima facie case existed and the accused was discharged without being called to enter defence.
11 Dec 2025

WONG TZE WEI @ JAMES WONG

Citation

NA-62K-120-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62K-120-12/2021 (Mahkamah Sesyen)

Court found prosecution proved agent status and control of accounts but failed to prove dishonesty required under s.409, failed to prove that the 73 cheques were forged by the accused or that they were forged with intent to cheat under s.468, and failed to prove predicate offences and accused's knowledge/reasonable suspicion under s.4(1)(b) AMLA; contradictions and lack of direct evidence as to forgery and dishonest intent meant no prima facie case existed and accused was discharged without being called to enter defence.
11 Dec 2025

WONG TZE WEI @ JAMES WONG

Citation

NA-62K-117-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62K-117-12/2021 (Mahkamah Sesyen)

Prosecution proved that the accused was an authorised agent and controlled company accounts (elements one and two of s409) but failed to prove dishonest misappropriation; prosecution failed to prove forgery and that the accused forged signatures on 73 cheques under s468; prosecution likewise failed to prove predicate offences and requisite knowledge for AMLA s4(1)(b). On the totality of the prosecution evidence and applying the s180/Looi Kow Chai test, no prima facie case existed; therefore the accused must be discharged and acquitted without being called to enter a defence.
23 Sept 2024

OTHMAN BIN LOPOK 1. ) INDOK HADIJAH BINTI LAT JANNIK 2. ) TAN TEK CHUAN 3. ) ONG BING REN 4. ) JAMIAN BIN DOLAH 5. ) PENTADBIR TANAH DAERAH PONTIAN 6. ) Kerajaan Negeri Johor

Citation

JA-21NCvC-9-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-21NCvC-9-02/2020 (Mahkamah Tinggi)

On the balance of probabilities the Power of Attorney dated 04.06.2018 was forged (forensic evidence accepted, defendants produced no rebutting expert); transfers executed under that PA are void and registration is defeasible under s.340(2) NLC; D2 and D3 are not protected as bona fide purchasers because the instrument was void and final payment was not completed (cheque stopped); transfers to D2 and D3 are set aside, title restored to plaintiff, limited restitution ordered (plaintiff to return RM50,000), exemplary damages and costs awarded against D1 and D4, and counterclaim by D2/D3 dismiss…
31 Jul 2019

JLA MOTORSPORTS SDN BHD 1. AHMAD SUHAIMI BIN ABDULLAH 2. HAMIDAH BINTI ISHAK 3. SURAIDI BIN YA'AKUB

Citation

JA-22NCVC-165-08/2016 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-165-08/2016 (Mahkamah Tinggi)

On the balance of probabilities the court found overwhelming and coherent evidence (handwriting expert reports, forensic audit, witness testimony and police investigation) that the majority of withdrawal instruments were forged or unauthorized and that Defendants 1 and 2 effected and participated in misappropriation and conspiracy, breached fiduciary duties and committed breach of trust; defendants failed to rebut plaintiff's case or produce key witnesses/documents (eg. maker of alleged vouchers), therefore plaintiff's claims in para 38 of the amended statement of claim were allowed and costs…

Malaysia Case Law

WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

WONG TZE WEI @ JAMES WONG

OTHMAN BIN LOPOK 1. ) INDOK HADIJAH BINTI LAT JANNIK 2. ) TAN TEK CHUAN 3. ) ONG BING REN 4. ) JAMIAN BIN DOLAH 5. ) PENTADBIR TANAH DAERAH PONTIAN 6. ) Kerajaan Negeri Johor

JLA MOTORSPORTS SDN BHD 1. AHMAD SUHAIMI BIN ABDULLAH 2. HAMIDAH BINTI ISHAK 3. SURAIDI BIN YA'AKUB