Kota Kinabalu: The Court of Appeal dismissed the preliminary objection raised by the prosecution against the appeals by Sabah Water Department deputy director Teo Chee Kong (pic) on issues in relating to his money laundering charges.Justices Datuk Dr Badariah Sahamid, Datuk Harminder Singh Dhaliwal and Datuk Yew Jen Kie on Friday unanimously dismissed the preliminary objection against Teo’s appeals.
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Teo is appealing against the High Court’s decision made on March 21, 2018, in dismissing his three revisions relating to the 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 his 146 charges on the grounds of abuse of court process mala fide; against the joint trial order by the Sessions Court as well as to recuse the presiding judge from hearing his trial; and on constitutional issues.
The appellate court held that parties can then proceed with substantive six appeals before another panel at a rescheduled date, as Justice Yew would be retiring soon.
The court also granted a stay of the trial at the Sessions Court pending the disposal of the six related appeals before the Court of Appeal.
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The court also instructed the registrar to give priority to the appeal and fixed for hearing in September before another panel.
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.
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He allegedly committed the offence between Oct 21, 2005 and Aug 19, 2014 at separate locations at 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, provide for a fine of up to RM5 million or a jail term of up to five years, or both, on 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 in Ringgit Malaysia and RM1,978,760.48 in estimated foreign currencies) from illegal activities and 62 offences of having money in a bank account 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.
Each charge, framed under Section 4 (1) (b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, carries a jail term of up to 15 years and liability of a fine of not less than five times the sum or value of the proceeds of an unlawful activity or instrumentalities of an offence at the time the offence was committed or five million ringgit, whichever is higher, on conviction.
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Teo was represented by counsel Roland Cheng together with counsel Ram Singh, Kimberly Ye and Jacquelene Danica L Vun.
Deputy Public Prosecutor (DPP) Tengku Amir Zaki Tengku Hj Abd Rahman, who acted for the prosecution as respondent, was with DPP Mahadi Abdul Jumaat and Mohd Farez Rahman.
