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Malaysian DPM Zahid Hamidi receives discharge not amounting to acquittal in charity foundation graft case

Datuk Seri Dr Ahmad Zahid Hamidi, the Malaysian Deputy Prime Minister, was acquitted of all corruption charges related to charity foundation Yayasan Akal Budi (YAB) funds.

The High Court granted a discharge not amounting to acquittal (DNAA) while highlighting potential waste of judicial time and taxpayer money.

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KUALA LUMPUR, MALAYSIA: Datuk Seri Dr Ahmad Zahid Hamidi, Malaysian Deputy Prime Minister was cleared of all corruption charges related to the misappropriation of funds from charity foundation Yayasan Akal Budi (YAB), on Monday (4 Sept).

This development occurred after the Malaysian High Court granted the 70-year-old a discharge not amounting to acquittal (DNAA) on 12 criminal breach of trust (CBT) charges, eight counts of bribery, and 27 counts of money laundering, involving substantial sums of money belonging to YAB.

A DNAA from the court means that the accused is released from the current charges without being formally acquitted.

The case is temporarily suspended, but the prosecution retains the option to refile the charges or reinstate the case at a later time if new evidence or circumstances arise.

However, the High Court did not grant a full acquittal to Deputy Prime Minister Zahid, who also serves as a Member of Parliament (MP) for Bagan Datok.

Judge highlights “great amount of taxpayers’ money would have been wasted” if prosecution didn’t proceed

According to the New Straits Times, Presiding Judge Datuk Collin Lawrence Sequerah clarified that the Attorney-General (AG) has the authority to initiate and withdraw charges at any time before a judgment is reached.

Nonetheless, the Court of Appeal judge, who had previously presided as a High Court judge, emphasized that a significant amount of judicial time and taxpayers’ money would have been wasted if the prosecution had chosen not to proceed with the case.

“Before I adjourn I wish to place on record that although powers of the AG under article 145 (3) of the Federal Constitution and 254 of Criminal Procedural Code to institute or withdraw charges is unquestioned. ”

“Should the prosecution decide in the near future that they will not proceed with the charges then much precious judicial time and great amount of taxpayers’ money would have been wasted,” the judge reaffirmed.

The court acknowledged that investigations were still ongoing due to numerous representations made by the defence.

The judge noted that the defense had previously indicated that these representations were extensive and required time to examine, including taking statements from various individuals.

“However, it must be borne in mind that it was intimated to the court on a previous occasion when an adjournment was sought for by the defence that these representations took up several pages. ”

“It is therefore justified that prosecution needed more time to examine these representations, which also involve taking statements from various individuals. ”

“The reasons given by the deputy public prosecutor, including the establishment of the Royal Comission of Inquiry (RCI), even without a timeline, do not suggest in any way that the charges in this case have concluded,” added Judge Sequerah.

The trial had commenced on November 18, 2019, and as of now, 77 trial days have passed, during which the prosecution has called 99 witnesses. The defence had also presented its case, with the 15th defence witness currently testifying.

Deputy Prosecutor reveals crucial factors behind decision to halt case

Deputy Public Prosecutor Datuk Mohd Dusuki Mokhtar earlier explained that the AGC had made the decision to halt the case based on various new evidence presented by the defence in their representation letters.

This evidence included allegations of politically motivated prosecution against Zahid and the Royal Commission of Inquiry (RCI) into former Attorney-General Tan Sri Tommy Thomas’s memoir, among other factors.

“This matter undoubtedly has the potential to tarnish the reputation and credibility of the AGC as the prosecuting party and the Malaysian Anti-Corruption Commission (MACC) as the investigating body. ”

“It may appear to the public as if both of these institutions have been manipulated or exploited by certain parties for their own purposes. ”

“The accused has also raised a very serious issue in his representation letters regarding the allegation that he is a victim of selective prosecution by the previous government.  ”

“The AGC believes that it is crucial for the prosecution and the MACC to thoroughly examine and investigate this claim,” added Dusuki Mokhtar.

Zahid’s lead counsel, Datuk Hisyam Teh Poh Teik, argued for a full acquittal, citing the prosecution’s inability to provide a timeline for completing the probe against his client.

“It is most unfair and unjust for the Sword of Damocles to hang over the head of my client.

“So we urge your Lordship to grant full acquittal under Section 245(3) of the CPC.”

DPM Zahid calls for an end to “politically-motivated charges”

Ahmad Zahid also conveyed to the Malaysian media that he hoped that following the dismissal of all 47 charges associated with Yayasan Akalbudi (YAB), there would be an end to any further “politically motivated charges.”

“My family and I are grateful that the court has discharged me of all 47 charges.”

“The judge had decided to discharge me but it does not amount to an acquittal because there is still an ongoing Royal Commission of Inquiry towards the book written by former attorney-general Tommy Thomas. ”

He added, “Our role in Umno and Barisan Nasional is to continue this fight to ensure a stop to all politically-motivated charges,” Zahid made these remarks with a smile, dressed in a dark-coloured suit.

UMNO chairman facing 47 criminal charges

70-year-old Zahid, Chairman of the United Malays National Organisation (UMNO), had been facing 47 charges – 12 for criminal breach of trust (CBT), eight for corruption and 27 for money laundering – involving tens of millions of ringgit belonging to Yayasan Akalbudi (YAB).

For the 12 CBT charges, he is alleged to have used the funds for personal expenses such as credit card payments, insurance policies, vehicle licenses, remittances to a law firm, and contributions to a police football association.

He was accused of committing the offences between 28 March 2016, and 11 April 2018.

The charge carries a maximum penalty of 20 years in jail, whipping, and a fine.

On 23 September last year, Mr Zahid was acquitted of all 40 graft charges against him in Foreign Visa System (VLN) case.

Following Barisan Nasional (BN)’s tragic loss in GE15, Zahid, as its chairman, has been embattled with criticism and calls to step down.

With only 30 seats secured out of the contested 177 seats, BN saw its worst result in the coalition’s history.

After the conclusion of the Malaysia 15th General Election, the Malaysia King named Anwar Ibrahim as Prime Minister to end the impasse of a hung parliament, as none of the major political coalitions gained a simple majority.

On 16 December last year, political leaders from UMNO, Pakatan Harapan (PH) and Sabah and Sarawak signed an memorandum of understanding (MoU) pledging their support to the Unity Government led by Anwar Ibrahim.

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Civil Society

Three women to contest charges over pro-Palestinian procession outside Istana

Three Singaporean women, charged under the Public Order Act for organizing a pro-Palestinian procession on 2 February, will contest their charges at trial, a court heard on 18 September. About 70 people participated in the February event, carrying watermelon-adorned umbrellas as a symbol of Palestinian resistance while delivering letters to then-Prime Minister Lee Hsien Loong.

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SINGAPORE: Three Singaporean women charged in connection with a pro-Palestinian procession to the Istana will contest their charges at trial, a court heard on Wednesday (18 September).

The defendants are Annamalai Kokila Parvathi, 35, an activist with the Transformative Justice Collective (TJC); Siti Amirah Mohamed Asrori, 29, a social media influencer; and Mossamad Sobikun Nahar, 25, a community worker.

They were charged in June under the Public Order Act for organizing an unpermitted procession on 2 February.

During the court hearing on Wednesday, the trio, through their lawyer, indicated their intention to contest the charges and claim trial.

Siti Amirah and Mossamad are accused of organizing the procession that occurred between 2pm and 3pm along the perimeter of the Istana, a restricted area.

Kokila is charged with abetting the conspiracy by collaborating with Siti, Mossamad, Alysha Mohamed Rahmat Shah, Anystasha Mohamed Rahmat Shah, and other unnamed individuals to organize the event.

According to a previous police statement, around 70 people gathered outside a mall on Orchard Road at about 2pm on 2 February before marching towards the Istana.

They carried umbrellas painted with watermelon images, symbolizing support for Palestinians amidst the ongoing Israel- Palestinian conflict.

The watermelon, reflecting the colors of the Palestinian flag, has become a symbol of solidarity.

Social media posts indicate that participants of the Letters for Palestine event walked from Plaza Singapura to the Istana to deliver letters addressed to then-Prime Minister Lee Hsien Loong.

The cases have been adjourned to October for pre-trial conferences.

If convicted under the Public Order Act, the women face a potential penalty of up to six months’ imprisonment, a fine of up to S$10,000, or both.

The police have reiterated their call for the public to avoid actions that could disrupt peace, public order, and social harmony in Singapore.

They advised that while strong feelings about the Israel-Hamas conflict are understandable, lawful means of expression, such as participating in organized forums, dialogues, and donation drives, are preferable to illegal protests.

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Court Cases

New Silkroutes Group ex-director jailed for market rigging; Prosecutors label Goh Jin Hian as ‘mastermind’

Teo Thiam Chuan William, former finance director of New Silkroutes Group (NSG), was sentenced to 12 weeks in jail on 16 September for his involvement in a market rigging scheme. The prosecution labeled co-accused Goh Jin Hian, former CEO and son of ex-Prime Minister Goh Chok Tong, as the “mastermind” behind the conspiracy to inflate NSG’s share price from S$0.285 to S$0.50 in 2018.

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SINGAPORE: Teo Thiam Chuan William, the former finance director at New Silkroutes Group (NSG), has been sentenced to 12 weeks in jail on Monday (16 September) in court for his role in a market rigging scheme.

This sentencing marks the first revelation of case details as Teo is the first among four co-accused to plead guilty.

During sentencing argument, the prosecution has labeled former CEO Goh Jin Hian as the “mastermind” behind the scheme.

Teo, 55, pleaded guilty to six charges under the Securities and Futures Act for abetment by conspiracy over false trading and market rigging transactions.

Goh, the son of former Prime Minister Goh Chok Tong, is alleged to have led a conspiracy to inflate NSG’s share price from S$0.285 to S$0.50 in 2018.

NSG, an investment holding company listed on the Singapore Stock Exchange (SGX) since 2002, operates subsidiaries in oil trading, information technology, and healthcare.

As the finance director, Teo was responsible for managing the company’s accounts, overseeing funding, mergers, and acquisitions. He also controlled NSG’s corporate securities trading accounts and was authorized to conduct share buybacks.

The co-accused in the case include Oo Cheong Kwan Kelvyn, 53, who was the executive director and chief operating officer of NSG, and Huang Yiwen, 40, the sole director of the commercial market maker GTC Group.

Originally, NSG focused on oil trading, electronics, and IT product distribution.

In December 2016, the company expanded into healthcare by acquiring clinics and medical supply companies. These acquisitions were primarily financed through the issuance of NSG shares.

However, in 2017, NSG’s efforts to acquire additional companies and raise capital through private placements were hampered by a decline in its share price.

From January to May 2017, NSG’s share price fluctuated between S$0.70 and S$0.90. However, it dropped to approximately S$0.40 to S$0.50 in June and fell further to a low of S$0.285 in November.

On 29 November 2017, NSG applied to halt trading of its shares, which led to a trading suspension a few days later. During the suspension, which lasted until 25 February 2018, NSG entered into several corporate transactions involving potential new share issuances.

On 21 February 2018, NSG proposed a placement of over 11 million new shares at S$0.44 per share to an external investor, Dr Andrew Chua Soon Kian, aiming to raise S$5 million. This placement was completed in March 2018.

Additionally, in February 2018, NSG announced a memorandum of understanding with Mr Shen Yuyun to acquire two medical supply companies in Shanghai, planning to issue new shares at S$0.50 each for the S$65 million acquisition.

The same month, NSG also disclosed a memorandum of understanding with Haitong International Securities, where Haitong would subscribe to a S$5 million convertible bond issued by NSG. The bond, maturing in two years, would offer an annual interest rate of 5 percent.

Prosecution Alleges Complex Scheme to Manipulate NSG Share Prices Using Multiple Accounts

While trading was suspended, Teo and his three co-accused allegedly engaged in a scheme to artificially inflate the price of NSG securities, according to the prosecution.

The scheme, as outlined by the prosecution, employed three primary methods: using GTC’s trading account to place and execute orders for NSG securities, utilizing NSG’s share buyback accounts for similar trades, and leveraging Goh Jin Hian’s personal trading account for additional transactions.

As a commercial market maker registered with SGX, GTC was prohibited from manipulating share prices. Market makers are typically required to enhance trading liquidity by providing competitive bid-ask quotes continuously within an agreed-upon spread.

Despite this, Teo, Goh, and Oo are alleged to have hired GTC to artificially boost and maintain NSG’s share price, masquerading as legitimate market-making activities. This manipulation aimed to enhance investor confidence and facilitate the completion of announced corporate transactions, as well as support future share placements.

On 4 February 2018, Goh reportedly instructed Teo to find a market maker to support NSG’s share price. Subsequently, NSG engaged GTC between 21 and 28 February 2018.

Goh, Teo, and Oo allegedly set a target price of S$0.50 for GTC to achieve.

Over the course of six months, starting from late February 2018, the four men are said to have conducted the market-rigging scheme.

Goh and Co-Accused Allegedly Discussed Timing and Pricing for NSG Trades

They communicated via text messages and emails to coordinate their actions, including timing and pricing for NSG securities trades. For instance, Goh allegedly urged Teo to place bids at specific times and requested that GTC be reminded of their target price of S$0.50 in an email.

In a group chat, Goh is said to have suggested delaying GTC’s payment until the share price reached S$0.40 by May.

The trading suspension on NSG shares was lifted after the market closed on 25 Feb 2018. The following morning, Teo and his co-accused allegedly strategized to boost the opening share price of NSG to reach their target.

According to the prosecution, Huang used GTC’s trading account to place buy orders during the pre-market routine before trading officially began at 9 am.

On 26 Feb 2018, NSG shares opened at S$0.390, representing a 36.84 percent increase from the last traded price of S$0.285.

Teo and Huang continued to place orders and execute trades in early March 2018 to further artificially inflate the share price.

The prosecution sought a 12-week jail sentence for Teo, describing the scheme as “sophisticated, well-coordinated, and effective” in manipulating the price of NSG shares to facilitate corporate transactions. They emphasized that Teo played a “critical role” as finance director in the scheme.

The prosecution noted that the scale of the market rigging was significant, causing “great distortion” in the market for NSG securities.

Pre-Trial Conferences for Goh, Huang, and Oo Set for 26 September

On the 31 days covered by Teo’s charges, the trades and orders executed by Teo, Huang, and Goh accounted for 28.78 percent of the total market volume of buy trades.

Additionally, they set the intraday high on 11 trading days and increased the closing price of NSG securities on 22 trading days.

The prosecution argued that the scheme was a “concerted and successful effort” to make NSG shares appear more attractive than they would have under normal market conditions.

It was intended as a “quick and convenient way” to support NSG’s expansion and raise capital through new share issuances. The use of GTC was described as creating “a veneer of legitimacy” for their manipulative trades.

Although Goh was identified as the mastermind, prosecutors highlighted Teo’s important role as the main liaison between NSG and Huang.

Teo is set to begin his jail term on Wednesday (18 Sept).

The cases for Goh, Huang, and Oo are currently at the pre-trial conference stage, with the next session scheduled for 26 September. Court records indicate that Huang intends to plead guilty.

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