Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Shadow director/agent
  • 8 Dec 2021

    DATO’ SRI MOHD NAJIB BIN HJ ABD RAZAK

    Citation
    W-05(SH)-(231-233)-07/2020 (Mahkamah Rayuan)
    Court
    SH
    Case number
    W-05(SH)-(231-233)-07/2020 (Mahkamah Rayuan)

    The Court held prosecution proved each ingredient of the seven offences: appellant was an officer and, by virtue of entrenched corporate powers and conduct, a shadow director/agent of SRC (s.402A) entrusted with dominion over SRC funds; statutory presumption under s.23(2) MACC Act applied; transfers of RM42,000,000 from SRC to appellant's accounts were proved and constituted misappropriation/ conversion (s.405/409 Penal Code); appellant knew or was wilfully blind to the funds' unlawful origin and therefore guilty of money‑laundering (s.4 AMLA); disputed documents and signatures were admissibl…