Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie assessment under s180 cpc

Legal area

Court

11 Dec 2025

WONG TZE WEI @ JAMES WONG

Citation

NA-62K-115-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62K-115-12/2021 (Mahkamah Sesyen)

Court discharged the accused at close of prosecution because prosecution failed to establish a prima facie case on all counts: although agency and control elements were proved, there was no reliable evidence of dishonest misappropriation for s409; expert and documentary evidence did not prove accused forged the 73 cheques for s468; and predicate offences and requisite knowledge/suspicion for AMLA were not established, so no prima facie case for money‑laundering either.
11 Dec 2025

WONG TZE WEI @ JAMES WONG

Citation

NA-62K-94-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62K-94-12/2021 (Mahkamah Sesyen)

Prosecution failed to establish a prima facie case on all counts: although accused was shown to be an authorized signatory and to control accounts, there was no reliable evidence of dishonest appropriation (s409), no convincing proof that the 73 cheques were forged by the accused or that they were issued for the purpose of cheating (s468), and the predicate offences and accused's knowledge or suspicion required under AMLA s4(1)(b) were not proved; expert signature evidence was internally inconsistent and material witnesses confirmed payments benefitted the company or were made on management i…