PUTRAJAYA: It was an exhaustive and tiring proceeding at the Court of Appeal today when the sentencing of four former directors of Genneva Sdn Bhd, convicted for money laundering and illegal deposit-taking involving RM100 million, was postponed for the fourth time.
The postponement was made by a three-man bench after lawyer Tan Sri Dr Muhamad Shafee Abdullah argued on the overlapping of the 224 charges faced by the four accused.
“Based on the court recording transcription (CRT), we found out there are several overlapping charges against my client,” he said.
This had prompted the panels to adjourn the proceeding to make time for both parties to sort out the overlapping issue.
However, no decision was made by the panels after the proceeding resumed at 3.30pm when both parties identified 68 overlapping charges relating to money laundering offences.
The court chaired by appellate court judge Datuk Mohtarudin Baki then fixed Feb 21 for both parties to submit whether the court can vary its own decision or remitted the case to new panel.
This was the second postponement this week, after on Monday, the court was adjourned when Shafee argued on the authenticity of the court recording transcription brought by the prosecution team.
Today was fixed for mitigation and sentencing of Ng Poh Weng, 67, Marcus Yee Yuen Seng, 65, Chin Wai Leong, 41, Liew Chee Wah, 63, and Genneva, who were the respondents.
Deputy Public Prosecutor Awang Armadajaya Awang Mahmud prosecuted.
On Dec 12 last year, the Court of Appeal convicted the four former directors and the company of the offences after allowing the prosecution’s appeal to set aside the Kuala Lumpur High Court’s decision in acquitting them.
The same panel in their brief judgment said the court found that the gold sale and purchase transactions conducted by the four accused were included in the definition of a “deposit-taking business.”
On Sept 20, 2016, the Kuala Lumpur High Court upheld the Sessions Court’s decision on May 16, 2013, to free the four accused and Genneva after finding that the investment company was only involved in the sale and purchase of physical gold, and that there was no evidence that the company was accepting deposits without a licence.
Ng, Yee, Chin and Liew were charged with committing the money-laundering offences at Menara Public Bank, 146, Jalan Ampang in Kuala Lumpur between July 2008 and June 2009.
The four, together with the company, were also accused of illegally accepting public deposits at the company’s premises at Jalan Kuchai Maju 6, Persimpangan Jalan Kuchai Lama in Kuala Lumpur, between November 2008 and July 2009.