The prosecution is not required to provide defendants with a definition of words used in the charges against them, the Shah Alam Sessions Court hearing the trial involving businessman Soh Chee Wen was told today.

Deputy Public Prosecutor Abdul Karim Abdul Jalil said that there was no law which compels the prosecution to do so.

According to him, it was not necessary for the prosecution to further explain the meaning of murder, rape or criminal breach-of-trust in a court case.

Soh is facing trial on two counts of allegedly defrauding the now defunct brokerage firm Omega Securities Sdn Bhd of RM521 million.

His counsel, Francis Ng Aik Guan, had earlier contended that the prosecution should provide more information about the two charges against the bankrupt tycoon and clarify the definitions for words used, such as "crossings" and "contango transactions".

Abdul Karim however said the definitions for both terms would eventually be explained in the course of the trial.

Charges fail to comply with law

Ng also wanted the prosecution to either amend or provide more information regarding the two charges.

He had, among others, applied to the court last week for a summon to inspect 11 categories of documents currently withheld by the Securities Commission.

Ng also argued that the charges against his client had failed to comply with the requirement under Section 154 of the Criminal Procedure Code.

However, Abdul Karim today said that the prosecution had already fulfilled Section 154's requirement by stipulating the "specific method" employed to commit the offences in the two charges.

On the first count, he said it was mentioned in the charge that Soh committed the offence by using a scheme to defraud the brokerage firm through the purchase of shares by way of direct business transaction.

He added that the charge also specified that Soh used a method known as "crossing" in committing the fraud which contravened Rule 20(20) of the Kuala Lumpur Stock Exchange Rules for Trading by Member Companies.

On the second count, the prosecutor said that Section 154 would have been fulfilled even without having to state the phrase "contango transaction" in the charge.

"The charge itself contains information of how the scheme to defraud was carried out," Abdul Karim said.

He added that there was sufficient information in the two charges against Soh which described how the high-profile businessman committed his crimes.

SC documents sought are trial evidence

On the SC's documents sought by the defence, Abdul Karim said most of the documents are the evidence which supports the charges against Soh.

In most cases, he contended that "the defence had failed to show why the inspection and production of these documents are necessary and desirable to prepare their defence".

Soh, who is currently freed on a bail of RM2 million, faces a minimum penalty of RM1 million and a jail term of 10 years if convicted.

He was a business partner of Ling Hee Leong, the son of Transport Minister Dr Ling Liong Sik, until their business venture in Promet Bhd and Rekapacific fell apart when the recession hit in 1998.

He fled the country soon after but returned early this year to face the charges against him.

The prosecution closed their submission today. Ng will present his reply tomorrow.