KUALA LUMPUR: The High Court today upheld the acquittal of two former directors of Silver Bird Group Bhd on 134 charges of cheating Malayan Banking Bhd.
It dismissed an appeal by the deputy public prosecutor against a lower court’s decision to acquit Tan Han Kook and Ching Siew Cheong on charges of cheating involving RM67.4 million.
Judicial Commissioner Shariff Abu Samah said the appeal was without merit.
The court also found that the Sessions Court had erred in calling Tan and Ching to enter defence.
“Testimonies from two prosecution witnesses were not credible and they were not corroborated by documents,” Shariff said, adding the order to enter defence had caused a miscarriage of justice on Tan and Ching.
The defendants were seen hugging each other before thanking their lawyers, William Leong and K Kumaraendran, upon hearing the court’s decision.
In December 2015, the Sessions Court here freed the two men as the prosecution failed to raise reasonable doubt.
Tan and Ching claimed trial on December 2012 to 134 charges of cheating Maybank by using false documents in applying for Bankers Acceptance facilities.
Both men were accused of inducing the bank to deposit RM67,435,143 to various bank accounts belonging to three companies.