THE Court of Appeal has dismissed the appeal of Amirruddin Nin, a company director, against his conviction and sentence for failing to appear before the Securities Commission (SC) investigating officer in a money laundering investigation.
In a statement today, the SC said, Amirruddin, who is the director of CTB Solutions Sdn Bhd, was found guilty under Section 32(8)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
The court panel, led by Justices Datuk Ahmad Zaidi Ibrahim, Datuk Mohamed Zaini Mazlan, and Datuk Noorin Badaruddin, unanimously upheld Amirruddin’s conviction and sentence on the first charge.
Additionally, the Court of Appeal allowed the SC’s cross-appeal, reinstating Amirruddin’s conviction and sentence for the second and third charges, as well as the daily fine for the continuing offence.
Justice Noorin explained that the three charges against Amirruddin were distinct, and an offence under Section 32(8)(a) is classified as a strict liability offence.
The court also ruled that the High Court had erred by setting aside the conviction and sentence passed by the trial judge.
Amirruddin had been charged on 19 February 2020 with three offences under the AMLATFPUAA, following an investigation by the SC.
After a full trial at the Kuala Lumpur Sessions Court, Amirruddin was convicted on all three charges and sentenced to one day in prison and a RM100,000 fine for each charge.
Furthermore, a daily fine of RM2,000 was imposed for 979 days, totaling RM1,958,000 for the continuing offence, which could lead to 12 months in prison if unpaid.
After his conviction, Amirruddin appealed to the High Court. On 28 June 2023, the High Court upheld his conviction and sentence for the first charge, but overturned the conviction and sentence for the second and third charges, along with the daily fine for the continuing offence.
This resulted in appeals from both parties to the Court of Appeal.
The SC reiterated that failure to comply with a written notice issued by an investigating officer is a punishable offence under securities laws.
Non-compliance hinders the SC's ability to conduct investigations and enforce regulations that are crucial to maintaining the integrity of the capital market. – March 6, 2025
