14 from ‘Geng Nicky’ acquitted of being members of a crime group

14 from ‘Geng Nicky’ acquitted of being members of a crime group

The High Court’s order of a discharge not amounting to an acquittal was set aside by the Court of Appeal after the prosecution conceded to the appeal of the 14.

Some of the accused being taken to the Shah Alam High Court last year. (Bernama pic)
PUTRAJAYA:
The Court of Appeal today allowed the appeal by 14 “Geng Nicky” members to be acquitted of a charge of being members of an organised crime group.

A three-member bench chaired by Kamaludin Md Said made the order after deputy public prosecutor Dusuki Mokhtar confirmed that the Attorney-General’s Chambers had accepted the representation of the 14 to be acquitted.

Earlier, lawyer Rajpal Singh informed the bench, also consisting of judges Nordin Hassan and Hashim Hamzah, that the representation sent on June 29 had been accepted.

On Sept 30, the Shah Alam High Court only gave the 14 a discharge not amounting to an acquittal (DNAA), meaning they could be charged again with the same offence.

However, the 14 appealed on grounds that they were entitled to an acquittal. An acquittal stops the prosecution from framing the same charges against them.

High Court judge Abdul Halim Aman, in granting the 14 a DNAA, said the court was aware of the public prosecutor’s discretion to institute, conduct or discontinue a case as provided for under Article 145 (3) of the Federal Constitution.

The judge said he took into account that the prosecution had informed the court that police were still investigating the case.

Eight accused who were then held under the Security Offences (Special Measures) Act 2012 (Sosma) were released while another six were freed on bail.

The appellants include auditor Lim Kim Ming; Lim Kang Li, a personal assistant to businessman Nicky Liow Soon Hee; and Liow’s two brothers, Wei Loon and Wei Kin.

Others include Lee Kum Weng, Loo Siew Chin, Jovian Joris Tan Chern Chian, Lee Kam Onn, Lee Han Keat and Eee Eng Chee.

Another four are Chinese nationals Jiang Xue, Gue Xing Qiong, husband and wife Wang Yu Jin and Huang Lei.

The 14 were among 16 who were charged in the Petaling Jaya sessions court on April 6 last year under Section 130V of the Penal Code with being members of an organised crime group.

The offence carries a sentence of up to 20 years in jail if found guilty.

Liow, 34, and his assistant, Niu Zhe, were charged in absentia as they were on the run.

Liow, alleged to be the head of an organised crime group, surrendered to police on April 11 this year and was charged in the sessions court the following day with 26 counts of money laundering totalling RM36 million.

He is out on RM1 million bail in two sureties and other conditions.

Lawyers Jay Moy, Jayarubbiny Jayaraj and Jasmine Chong also represented the appellants.

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