KOTA KINABALU: A businessman who was accused of deceiving his younger brother over properties valued RM2,013,000 was freed by the Magistrate's Court here.
Liaw Hen Vui, 60, was discharged and acquitted by Magistrate Wan Farrah Fariza Wan Ghazali without calling him to enter defence.
The court held that the prosecution had failed to establish a prima facie case against Vui.
In April 2019, Vui had claimed trial on two charges under Section 420 of the Penal Code provides for a jail term of between one and 10 years, and whipping and fine, on conviction.
On the first charge, he was accused of cheating Liaw Hen Kyun @ Alex Liaw who is the owner of GLF Properties Sdn Bhd (GLF), by inducing Kyun to hand over three shoplots worth RM900,000 to him.
Vui then used the said properties as collateral to secure loan from Public Bank with a verbal agreement that part of the money would be given to Syarikat GLF Properties, in which Vui did not do so.
The alleged offence took place at Public Bank Kota Kinabalu branch here on July 21, 2006.
On the second count, Vui allegedly committed a similar offence against Kyun involving eight properties worth RM1,113,000 to secure a loan at United Overseas Bank (Malaysia) Bhd Kota Kinabalu branch here on May 7, 2008.
Counsel Ronny Cham and Ian Cham represented Vui.
Deputy public prosecutor Dk Afiqah Alya Ak Johari prosecuted.
Ten witnesses were called by the prosecution during the trial.