Hishamudin Mohd Yunus J:

[1] These are appeals from the decision of the learned Sessions Court Judge, Shah Alam, of 4 April 2000, dismissing the various applications (by notices of application) of the appellants made before the Sessions Court prior to their trial on charges under the Securities Industry Act 1983.

[2] All the six appeals involve three common issues and by consent are consolidated and heard together before me.

[3] Datuk Tiah Thee Kian (hereinafter shall be referred to as the "first appellant") and Ms Khoo Poh Kim (hereinafter shall be referred to as the "second appellant") were charged before the Sessions Court, Shah Alam, on the following charges:

The Charge Against The First Appellant:

Charge

That you between 2 September 1997 to 12 January 1998 at Omega Securities Sdn Bhd, 7th Floor, Plaza Perangsang, Persiaran Perbandaran, 40990 Shah Alam in the state of Selangor Darul Ehsan, directly in connection with the purchase of 35,563,000 units of Uniphoenix Corporation Bhd shares through the margin accounts in Omega Securities Sdn Bhd listed in the Appendix to this charge, abetted Dato' Soh Chee Wen (Identity Card No: 591226-01-5879) in using a scheme to defraud Omega Securities Sdn Bhd by the execution of direct business transactions, namely "crossings", in the said margin accounts that did not involve any change in the beneficial ownership of the said Uniphoenix Corporation Bhd shares and thereby caused the withdrawal of a sum of RM424,930,597.50 from Omega Securities Sdn Bhd when the margin equity of the said margin accounts listed in the Appendix was below 150% in contravention of r 20(20) of the Kuala Lumpur Stock Exchange Rules For Trading By Member Companies, and thereby resulting in Omega Securities Sdn Bhd not having sufficient collateral in financing the said margin accounts, which offence was committed as a result of your abetment and you have thereby committed an offence under s 87A(a) read together with s 122C(c) of the Securities Industry Act 1983 (Act 280), punishable under s 91 of the same Act.

Appendix

1. Ding Chu Hua4,650,000 units Uniphoenix Corporation Berhad shares

2. Yaw Kok Ming4,500,000 units Uniphoenix Corporation Berhad shares

3. Kok Fook Loy4,500,000 units Uniphoenix Corporation Berhad shares

4. Tai Wah Ventures 4,000,000 units Uniphoenix Corporation Berhad Sdn Bhd shares

5. YCS Ventures Sdn 3,500,000 units Uniphoenix Corporation Berhad Bhd shares

6. Autoways Development2,000,000 units Uniphoenix Corporation Berhad Sdn Bhd Share

7. Mesra Properties Sdn 4,500,000 unit saham Uniphoenix Corporation Bhd Berhad.

8. Syabas Dinamik Sdn 4,636,000 unit saham Uniphoenix Corporation Bhd Berhad.

9. Loy Sai Wee1,146,000 unit saham Uniphoenix Corporation Berhad

10. Rekairama Sdn Bhd2,131,000 unit saham Uniphoenix Corporation Berhad.

The Charge Against The Second Appellant:

Charge

That you between 2 September 1997 to 12 January 1998 at Omega Securities Sdn Bhd, 7th Floor, Plaza Perangsang, Persiaran Perbandaran, 40990 Shah Alam in the state of Selangor Darul Ehsan, directly in connection with the purchase of 35,563,000 units of Uniphoenix Corporation Bhd shares through the margin accounts in Omega Securities Sdn Bhd listed in the Appendix to this charge, abetted Datuk Tiah Thee Kian (Identity Card No: 470901-01-5071) in abetting Dato' Soh Chee Wen (Identity Card No: 591226-01-5879) in using a scheme to defraud Omega Securities Sdn Bhd by the execution of direct business transactions, namely "crossings", in the said margin accounts that did not involve any change in the beneficial ownership of the said Uniphoenix Corporation Bhd shares and thereby caused the withdrawal of a sum of RM424,930,597.50 from Omega Securities Sdn Bhd when the margin equity of the said margin accounts listed in the Appendix was below 150% in contravention of r 20(20) of the Kuala Lumpur Stock Exchange Rules For Trading By Member Companies, and thereby resulting in Omega Securities Sdn Bhd not having sufficient collateral in financing the said