Feb 21 for mitigation, sentencing in Genneva case

PUTRAJAYA: The Court of Appeal today set a new date, Feb 21, for mitigation and sentencing of four former directors of a gold investment company after they were found guilty of 224 joint charges of money laundering, involving more than RM100 million.
The latest setback was due to the confusion over charges that are still relevant after the number of charges were dropped to 156, from 224 previously following the discovery that some of the charges were overlapping.
Ng Poh Weng, 67, Marcus Yee Yuen Seng, 65, Chin Wai Leong, 41, and Liew Chee Wah, 63, and their former company, Genneva Sdn Bhd (GSB) were also facing sentencing separately for receiving deposits from the public without a licence.
At the proceeding for mitigation and sentencing, today Datuk Mohtarudin Baki who chaired the three-man panel ordered the prosecution and defence teams to prepare their submissions on the matter before the bench makes a final decision.
"I order to submit your papers by Feb 15. The matter will be deliberated and finalised on Feb 21," he said.
Earlier, lawyer Tan Sri Muhammad Shafee Abdullah highlighted that the sentencing of the four men following the reduced number of charges despite the initial conviction would set a dangerous precedent.
On Dec 12, 2017, the Court of Appeal found the four ex-company directors guilty of 224 counts of money laundering and five counts with the company, of receiving deposits from the public without a licence.
Mohtarudin had said the panel found that the prosecution as appellant on behalf of Bank Negara Malaysia (BNM) and the Attorney-General's Chambers (AGC) had proven its case beyond reasonable doubt.
On Sept 20, 2016, the Kuala Lumpur High Court upheld the decision of the Sessions court to acquit the respondents after ruling that the investment company was only carrying out physical buying and selling and that there was no evidence to show that the company had accepted deposits from the public illegally.
On May 16, 2013, the Kuala Lumpur sessions court acquitted the four individuals after ruling that the defence had succeeded in casting a reasonable doubt on the prosecution's case.
The respondents committed the money laundering offences at Menara Public Bank, 146 in Jalan Ampang, Kuala Lumpur between July 2008 and June 2009, and illegal deposit-taking offences, at the company's premises in Jalan Kuchai Maju 6, Kuala Lumpur, between November 2008 and July 2009.