KUALA LUMPUR – Three former officers of an investment company, including one with a Datuk title, breathed a sigh of relief after the high court here today acquitted and discharged them on eight charges of making false statements to Bursa Malaysia Securities Bhd 14 years ago.
This followed a decision by judge Datuk Muhammad Jamil Hussin in allowing the appeal by former executive director of Kosmo Technology Industrial Bhd, Mohd Azham Mohd Noor, 55; its former account manager, Lim Hai Loon (she), 50; and, former managing director Datuk Norhamzah Nordin, 55, against their conviction and sentence that were handed down by the Sessions Court on May 3, last year.
The Sessions Court had sentenced Azham and Norhamzah to two years’ jail and a fine of RM1.45 million each, while Lim was fined RM560,000 and a year’s jail, after finding them guilty.
Jamil, in his decision, said the Sessions Court judge did not consider the sworn testimony of the fourth defence witness, who was the company’s account officer, and this had prejudiced all the appellants.
"According to the Criminal Procedure Code (CPC), the court must consider the evidence given by witnesses, including the defence witnesses. Failure of the Sessions Court judge to take into account the testimony of the fourth defence witness is a serious injustice.
"The failure is a misdirection that requires intervention of this court. Therefore, the appeal of all the appellants is allowed and the conviction is revoked. The fine, if it has been paid, must be refunded to all the appellants and the bail should also be returned," he added.
In 2011, Azham and Norhamzah were charged with eight counts of making false statements in the company’s income statement for the year 2006 and 2007 to Bursa Malaysia Securities Bhd at the Exchange Square, Bukit Kewangan here between 2006 and 2008.
Lim was charged with eight counts of abetting the two men. – Bernama, December 2, 2020
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