KUALA LUMPUR, Dec 16 — The High Court here today upheld the acquittal of a non-governmental organisation president and two others on charges of abetting in the issuance and offering of 6.9 million units of a company shares without a prospectus that was registered by the Securities Commission of Malaysia (SSM).
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Judicial Commissioner Datuk Azhar Abdul Hamid, in dismissing an appeal by the prosecution against a lower court’s decision in discharge and acquitting Sahabat Alam Sekitar Malaysia president Datuk Abdul Malek Yusof, 44; Noor Aida Abdullah, 44, and Raja Samsul Bahri Raja Muhammad, 49, of all the charges, said the prosecution had failed to prove elements of mens rea in the case.
(Mens rea is the mental element of a person’s intention to commit a crime; or knowledge that one’s action or lack of action would cause a crime to be committed).
“Apart from that, the court also agreed with the findings of the Sessions Court judge that the three respondents had succeeded in establishing reasonable doubts on the charges made against them.
“There is no need for this court to interfere with the decision made by the Sessions Court. In this regard, the court dismissed the applicant’s (prosecution) appeal and the decision of the Sessions Court judge in discharging and acquitting the three respondents is maintained, “he said.
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Abdul Malek, a former director in Astana Resources Berhad (formerly known as JPG Holdings Berhad) was alleged to have conspired with the company to issue 4,887,650 units of shares without a prospectus registered with Securities Commission Malaysia.
As for Raja Samsul Bahri and Noor Aida, who are former chief executive officer and former director, respectively, of Astana Resources Berhad were alleged to have conspired with the company to offer 6,951,921 units of shares without a prospectus registered with the commission.
The three of them were charged with committing the offence at Astana Resources Berhad, Jalan USJ 21/3, Subang Jaya, Selangor, between April 30, 2010 and Nov 19, 2012.
The charge, under Section 370(c) of the Capital Market and Services Act 2007, read with Section 232(1) and punishable under Section 232(7) of the same Act, carries a fine of RM10 million or imprisonment of up to 10 years or both, on conviction. – BERNAMA