PUTRAJAYA: The Court of Appeal has reinstated 84 criminal breach of trust and money laundering charges against company director Tan Hoo Eng.
A three-member bench chaired by Justice Datuk Collin Lawrence Sequerah unanimously allowed the prosecution’s appeal.
Justice Sequerah held that the High Court had erred in relying on notes of proceedings from a civil case to dismiss the charges.
He emphasised that Section 33 of the Evidence Act 1950 expressly prohibits the use of civil trial evidence in criminal proceedings.
“We are of the view that the issues of bias and unfair investigation cannot be summarily determined by affidavit evidence,“ he stated.
He added that such matters must be tested at a full trial through the rigorous examination of witnesses.
Justice Sequerah held that the Judicial Commissioner ought to have allowed the trial to proceed to its conclusion.
The appellate court has scheduled a mention of Tan’s case at the Ipoh Sessions Court for Oct 27.
Tan, 68, is facing 30 counts of criminal breach of trust under Section 409 of the Penal Code.
She also faces 54 money laundering charges under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The case has a long procedural history with Tan initially charged in the Sessions Court between 2015 and 2016.
The charges were later revised in 2017 with the criminal breach of trust charges involving RM4.1 million.
The money laundering charges totalled RM9.5 million and were subsequently amended again in August 2019.
In 2023, Tan successfully applied to the High Court to have the charges set aside.
The then Judicial Commissioner Moses Susayan ruled that her rights under Articles 5(1) and 8(1) of the Federal Constitution had been breached.
He found that bias and prosecutorial misconduct had compromised the fairness of the investigation.
The Court of Appeal has now overturned that finding and reinstated all charges against Tan.
The High Court had relied on notes of proceedings from a separate civil case in its decision.
It concluded that this evidence demonstrated a violation of Tan’s right to a fair investigation.
The underlying case stems from a protracted dispute between Tan and Lim Keck Eng.
Both serve as joint directors and equal shareholders in Blue Star Moulding Sdn Bhd.
Deputy public prosecutors Zander Lim Wai Keong and Mohd Fuad Abdul Aziz appeared for the prosecution.
The defendant Tan was represented by counsel Gurbachan Singh at today’s proceedings. – Bernama
