10/06/2020 03:32 PM
PUTRAJAYA, June 10 -- The Court of Appeal here today cleared two former directors of Silver Bird Group Bhd on 134 counts of cheating a bank of RM67.4mil.
This followed a decision by a three-member bench led by Datuk Kamardin Hashim in dismissing the prosecution's appeal against a lower court's decisions in acquitting and discharging Datuk Jackson Tan Han Kook, 66, and Derec (rpt Derec) Ching Siew Cheong, 58, of the charges.
In doing so, he also upheld the decision made by the Sessions Court and High Court ibn acquitting and discharging Tan and Ching.
In the decision, he said, there was no merits in the appeal and that there was also no appealable error.
"The respondents remain acquitted and discharged," said Justice Kamardin, who presided with Justices Datuk Mohamad Zabidin Mohd Diah and Datuk Vazeer Alam Mydin Meera.
Tan, a former managing director of Silver Bird Group Bhd and Ching, a former executive officer of the company, claimed trial in Dec ember 2012 to 134 charges of cheating Maybank by using false documents in applying for Bankers Acceptance facilities.
They were also alternatively charged under Section 471 of the Penal Code for allegedly using false document.
Both men were accused of cheating Maybank officers by using false documents when applying for bankers' acceptance facilities, inducing them to deposit RM67,435,143 to various bank accounts belonging to three companies that is Asian Food Link Sdn Bhd, Violet Bonanza Sdn Bhd and Stanson Marketing Sdn Bhd.
They were acquitted and discharged by the Kuala Lumpur Sessions Court on Feb 22, 2016, after the trial judge Mohd Nasir Nordin found that the prosecution had failed to prove their case beyond reasonable doubt.
The prosecution appealed against the decision, but the High Court dismissed the appeal and upheld the acquittal of both men on Dec 12, 2017, prompting the prosecution to appeal to the Court of Appeal.
Lawyer Datuk K. Kumaraendran, appeared for Tan, while lawyer Datuk N. Sivananthan represented Ching.
-- BERNAMA
Who has to bear this loss?
The group was delisted in 2014, with accumulated losses of RM462.29 million. It ceased operations in June 2016. The company’s substantial shareholders included Berjaya Corp Bhd (16.7%), Lembaga Tabung Haji (5.84%) and Koperasi Permodalan Felda Malaysia Bhd (12.7%).
