Court to decide July 26 on objection against Teo’s appeals
Published on: Wednesday, July 24, 2019
By: Jo Ann Mool
KOTA KINABALU: The Court of Appeal will on July 26 deliver its decision on the preliminary objection raised by the prosecution against the appeals by former Sabah Water Department deputy director Teo Chee Kong (pic) on issues relating to his money laundering charges.
Court of Appeal Justices Datuk Dr Badariah Sahamid, Datuk Harminder Singh Dhaliwal and Datuk Yew Jen Kie on Tuesday fixed the date after hearing arguments from both parties.
ADVERTISEMENT
In raising objection against Teo’s three appeals, Deputy Public Prosecutor (DPP) Tengku Amir Zaki Tengku Hj Abd Rahman stated that the Court of Appeal lacks the jurisdiction as provided under Section 50 of the Courts of Judicature Act 1964.
Teo is appealing against the High Court’s decision on March 21, 2018 which dismissed his three revisions relating to his 146 counts of money laundering charges from illegal activities amounting to RM32.9 million at the Special Corruption Court.
His three revision applications were to quash the 146 charges; against the joint trial order by the Sessions Court; and to recuse the presiding judge from hearing his trial.
Meanwhile, on the constitutional issue raised by the appellant, DPP Tengku Amir Zaki on Tuesday submitted that Teo’s appeal was not appealable as what the High Court here had decided.
ADVERTISEMENT
According to counsel Roland Cheng, who representing Teo, the appellant at the Sessions Court had raised 12 constitutional questions for reference under Section 30 of Courts Judicature Act 1964 to have the High Court here remitted it to the Federal Court.
The appellant stated that the crux of his constitutional questions was whether the prosecution can proceed with the 146 money laundering charges against him at the Sessions Court here after the High Court on the same day granted the prosecution’s application for forfeiture.
ADVERTISEMENT
It was because there was alleged substantial overlap, except for five charges, between the subject matter of the forfeiture proceedings and the 146 criminal charges, Cheng stated.
To the prosecution’s objection, Cheng submitted that they agreed with a decided case referred, that the Court of Appeal has no jurisdiction to hear on constitutional issue.
He added that it was not for the Court of Appeal to hear the issue but only to hear procedural.
Teo had on Dec 13, 2017 pleaded not guilty to all the charges in which 78 charges stated that Teo allegedly have 70 land titles from illegal activities through 78 transactions valued at RM12,705,203.70 after transfer of ownership.
He allegedly committed the offence between Oct 21, 2005 and Aug 19, 2014 at separate locations in the Land Office in Beaufort, Kota Kinabalu, Penampang, Sipitang, Papar and Land and Survey Department here.
The charges under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 provides for a fine of up to RM5 million or a jail term of up to five years or both, upon conviction.
The remaining 68 charges against Teo stated that he allegedly committed six offences of having cash totalling RM7,930,810.48 (RM5,952,050 and RM1,978,760.48 in estimated foreign currencies) from illegal activities and 62 offences of having money in a bank accounts totalling RM12,287,240.07 from illegal activities in eight financial institutions here and in Kuala Lumpur.
The offence allegedly took place between Oct 4, 2016 and Dec 30, 2016.
Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
