Court fines man acquitted of ‘Nicky Gang’ ties for failing to submit tax forms

KUALA LUMPUR – An individual acquitted of involvement with the organised crime group known as “Nicky Gang” has been fined RM4,000 after he pleaded guilty at the sessions court here yesterday to failing to submit income tax return forms to the Inland Revenue Board. 

Lee Han Keat was charged with failure to present the forms from 2015 to 2018 in accordance with the period set by Section 77(1) of the Income Tax Act 1967. 

After the accused confessed to all four charges, sessions court judge Emilia Kaswati Mohamad Khalid issued the fine and ordered for two months’ imprisonment for each charge if Lee was unable to settle the payment. 

According to Getaran, the Bahasa Malaysia sister portal of The Vibes, Lee has since managed to pay the sum. 

Deputy public prosecutors Nur Ainaa Ridzwan and Adip Sabir Abdullah represented the prosecution while lawyers Datuk Rajpal Singh and Tiew Poh Nee acted as defence counsels. 

Earlier on, Nur Ainaa submitted that the court imposed a “fair punishment” to teach a lesson to the public as well as the accused himself. She said that this would prevent people from underestimating the offence of failing to record tax returns, which is the responsibility of every citizen. 

“The accused has been negligent in submitting tax return forms for four years and this carelessness occurred over an extended period of time,” she said. 

In response, defence lawyer Rajpal pointed out that Lee had not submitted the forms because he was in prison from 2014 to March 2017. 

He noted that Lee had also gone to China to look for job opportunities in April 2017 and only returned to Malaysia towards the end of 2018. 

“The accused thought that there was no need to file the income tax forms since he had no source of income. He has repented and regrets his actions, as well as promised to submit the form in the future,” Rajpal said. 

“The accused is asking for a second chance and his confession has saved time, energy and costs for the court and the public.” 

On July 7, the Court of Appeal had acquitted and discharged Lee and 13 other individuals – including two siblings of businessman Nicky Liow Soon Hee – from charges of being involved with the Nicky Gang.

The three-panel bench led by Datuk Seri Kamaludin Md Said had made the unanimous decision after Rajpal, representing 13 of the accused, informed that the Attorney-General’s Chambers had received representations from all the appellants to be fully acquitted of the charges.

The 14 individuals, including four Chinese nationals, appealed against the Shah Alam High Court’s decision on September 30 last year, which granted them a discharge not amounting to an acquittal from the charges.  

Judge Datuk Abd Halim Aman made the decision following the prosecution’s application to release all the accused without being acquitted, as it intended to pursue the charges in the future. – The Vibes, July 22, 2022