PUTRAJAYA: The case of four ex-directors of gold bar investment company Genneva Sdn Bhd and the company, found guilty of 224 counts of money-laundering and five counts of illegal deposit-taking involving over RM100 million, was postponed for the second time today.
The postponement was made after the Court of Appeal allowed an application by deputy public prosecutor Hamdan Hamzah and counsel Tan Sri Dr Muhammad Shafee Abdullah asking for some time for them to resolve an issue pertaining to the charges.
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.
A three-man bench led by Court of Appeal judge Datuk Mohtarudin Baki postponed the case to Feb 5.
Earlier, Hamdan told the court that there was a confusion on the number of charges faced by the respondents.
"At the Sessions Court, they were charged with 760 counts of money-laundering while here there are only 224 charges," he said.
He said the investigating officer in the case who was the 42nd witness had informed them that there were 760 charges. However, there was nothing on record stating the number of charges.
"We need some time to identify the charges that have been dropped," he said.
Mohtarudin presided with judges Datuk Seri Zakaria Sam and Datuk Abdul Karim Abdul Jalil.
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 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.