Soh gains access to key documents for fraud trial

comments     Beh Lih Yi     Published     Updated

The Shah Alam sessions court today allowed businessman Soh Chee Wen to inspect two categories of documents that had been withheld by the Securities Commission (SC), ahead of the hearing of a case into alleged shares fraud.

On Nov 18, Soh's lawyer Francis Ng Aik Guan had applied to be allowed to inspect 11 categories of documents under Section 51 of the Criminal Procedure Code. The lawyer said the documents would contain relevant information to help him prepare the defence case.

Judge Suraya Othman, however, decided that only two categories should be made available to him because these are specified in the charges.

Soh is facing trial on two charges of allegedly defrauding the now defunct brokerage firm Omega Securities Sdn Bhd of RM521 million. The charges were framed under Section 87A(a) of the Securities Industry Act 1983.

The section states that it is unlawful for any person with direct or indirect connection with the purchase or sale of any securities to use any device, scheme or artifice to commit fraud.

The two categories of documents refer to the contract notes which would show the sale and purchase of shares and the account opening applications attached to the charges.

In denying Soh's access to the other categories of documents, Suraya said these are vague, ambiguous and not specified or referred to the charges.

She added, however, that a maximum of two more documents currently not made available could be produced if the court thinks these are relevant when the trial begins.

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