KUALA LUMPUR, Sept 17 — The High Court today upheld the sentence of one year’s jail and RM300,000 fine meted out to two former non-executive directors of air cargo service operator Transmile Group Bhd for issuing misleading statements to Bursa Malaysia Securities Bhd on the company eight years ago.
Judge Datuk Mohd Azman Husin made the decision after turning down the appeal of Chin Keem Feung, 50, and Shukri Sheikh Abdul Tawab, 51, to set aside the conviction and sentence.
In his judgement, Mohd Azman said the charges against the accused were correct and were not impaired as the essence of the charges was proven by prosecution witnesses.
He said the defence failed to raise reasonable doubts on the charges.
“The Court is of the opinion that the findings and conviction by the Sessions Court Judge stays. As such the appeal by the defendants is rejected,” he said.
The court however allowed an application by counsels Shamsul Sulaiman and N.S. Guok, respectively representing Chin and Shukri for a postponement of the sentence, pending an appeal to the Court of Appeal.
On Oct 28, 2011, Sessions Court judge Datuk Jagjit Singh Banth Singh sentenced Chin and Shukri to a year’s jail and a fine of RM300,000 after convicting them of giving misleading statements to Bursa Malaysia Securities Bhd on the company.
They were charged with willful confirmation of misleading statements in the company’s quarterly report on unaudited consolidated earnings for the financial year ending Dec 31 2006.
The offence allegedly took place at Bursa Malaysia Securities Berhad, Exchange Square, Bukit Kewangan, here on Feb 15 2007 under Section 122B(b)(bb) of the Securities Industry Act 1983 (Act 280) which is punishable under Section 122B of the same act.
Prosecution was conducted by Securities Commission Malaysia Deputy Public Prosecutor Shanti Geoffrey. — Bernama
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