The Court of Appeal here today cleared two former directors of Silver Bird Group Bhd on 134 counts of cheating a bank of RM67.4mil.
This followed a decision by a three-member bench led by Datuk Kamardin Hashim in dismissing the prosecution's appeal against a lower court's decisions in acquitting and discharging Datuk Jackson Tan Han Kook, 66, and Derec Ching Siew Cheong, 58, of the charges.
In doing so, he also upheld the decision made by the Sessions Court and High Court in acquitting and discharging Tan and Ching.
In the decision, he said, there were no merits in the appeal and that there was also no appealable error.
"The respondents remain acquitted and discharged," said Justice Kamardin, who presided with Justices Datuk Mohamad Zabidin Mohd Diah and Datuk Vazeer Alam Mydin Meera.
Tan, a former managing director of Silver Bird Group Bhd and Ching, a former executive officer of the company, claimed trial in Dec ember 2012 to 134 charges of cheating Maybank by using false documents in applying for Bankers Acceptance facilities.
They were also alternatively charged under Section 471 of the Penal Code for allegedly using false document.
Both men were accused of cheating Maybank officers by using false documents when applying for bankers' acceptance facilities, inducing them to deposit RM67,435,143 to various bank accounts belonging to three companies that is Asian Food Link Sdn Bhd, Violet Bonanza Sdn Bhd and Stanson Marketing Sdn Bhd.
They were acquitted and discharged by the Kuala Lumpur Sessions Court on Feb 22, 2016, after the trial judge Mohd Nasir Nordin found that the prosecution had failed to prove their case beyond reasonable doubt.
The prosecution appealed against the decision, but the High Court dismissed the appeal and upheld the acquittal of both men on Dec 12, 2017, prompting the prosecution to appeal to the Court of Appeal.
Lawyer Datuk K. Kumaraendran, appeared for Tan, while lawyer Datuk N. Sivananthan represented Ching.
-- BERNAMA
Bernama
Wed Jun 10 2020
The Court of Appeal here today cleared two former directors of Silver Bird Group Bhd on 134 counts of cheating a bank of RM67.4mil.
What to watch for ahead of US presidential inauguration
Here's a timeline of events between now and inauguration day.
The battle to reduce road deaths
In Malaysia, over half a million road accidents have been recorded so far this year.
Pro-Palestinian NGOs seek court order to stop Dutch arms exports to Israel
The Dutch state, as a signatory to the 1948 Genocide Convention, has a duty to take all reasonable measures at its disposal to prevent genocide.
How quickly can Trump's Musk-led efficiency panel slash US regulations?
Moves by Trump and his appointees to eliminate existing rules will be met with legal challenges, as many progressive groups and Democratic officials have made clear.
2TM: Consultations on PTPTN loans, admission to IPTA at MOHE booth
Consultations on PTPTN loans and admission to IPTA are among services provided at the Higher Education Ministry booth.
Kampung Tanjung Kala residents affected by flooded bridge every time it rains heavily
Almost 200 residents from 60 homes in Kampung Tanjung Kala have ended up stuck when their 200-metre (m) long concrete bridge flooded.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.