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KUALA LUMPUR: Three former investment firm officials, including one with a “Datuk” title, breathed a sigh of relief after the High Court here acquitted them and cleared eight counts of making false statements to Bursa Malaysia Securities Bhd 14 years ago. .
This followed a decision by Judge Datuk Muhammad Jamil Hussin allowing the appeal of former Kosmo Technology Industrial Bhd CEO, Mohd Azham Mohd Noor, 55; her former account manager, Lim Hai Loon (her), 50; and the former managing director, Datuk Norhamzah Nordin, 55, against his conviction and sentence handed down by the Court of Sessions on May 3 last year.
The Sessions Court sentenced Mohd Azham and Norhamzah to two years in prison and a fine of RM 1.45 million each, while Lim was fined RM 560,000 and one year in jail after finding them guilty.
Judge Muhammad Jamil, in his decision, said that the judge of the Court of Sessions did not consider the sworn testimony of the fourth defense witness, who was the company’s accounts officer, and this had prejudiced all the appellants.
“According to the Code of Criminal Procedure (CPC), the court must consider the evidence provided by witnesses, including defense witnesses. The fact that the judge of the Court of Sessions does not take into account the testimony of the fourth defense witness constitutes a grave injustice.
“The ruling is a detour that requires the intervention of this court. Therefore, the appeal of all the appellants is allowed and the sentence is revoked. The fine, if it has been paid, must be reimbursed to all the appellants and the deposit must also be returned, “he added.
In today’s proceedings, all the appellants were represented by attorneys Datuk C. Vignesh Kumar, Daniel Annamalai, PG Cyril and Magita Hari Mogan, while Deputy Prosecutors for the Malaysian Securities Commission, Shoba Venu Gobal and Hashley Tajudin appeared by the defendant.
In 2011, Mohd Azham and Norhamzah were charged with eight counts of making false statements in the company’s income statement for 2006 and 2007 to Bursa Malaysia Securities Bhd in Exchange Square, Bukit Kewangan here between 2006 and 2008.
They were charged pursuant to Section 122B (a) (bb) of the Industrial Securities Act of 1983, read in conjunction with Section 122 (1) of the same act.
The offense is punishable under article 122B of the same law, which establishes a maximum fine of RM3 million or imprisonment for up to 10 years, after conviction.
As for Lim, she was charged with eight counts of complicity with the two men. – Called
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