Zulkefli Ahmad Makinudin CJM:

Background Facts

[1] The appellant together with another accused person, Khiudin Mohd were charged before the Sessions Court in Kuala Lumpur and the charges are as follows:

Principal Charge

"That you between 28 February 2006 to 15 February 2007, at Bursa Malaysia Securities Berhad, Exchange Square, Bukit Kewangan, 50200 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, abetted Transmile Group Berhad (Company No 373741-W) in making a statement that is misleading in a material particular in Transmile Group Berhad's 'Quarterly Report On Unaudited Consolidated Results For The Financial Year Ended 31 December 2006' and the misleading statement is underlined in red in the Appendix to this charge, and the said statement is likely to induce the purchase of securities of Transmile Group Berhad by other persons, and when the statement is misleading in a material particular, and you have thereby committed an offence under s 86(b) read together with s 122C(c) of the Securities Industry Act 1983 (Act 280) and punishable under s 88B of the same Act."

Alternative Charge

"That Transmile Group Berhad (Company No 373741-W) between 14 February 2007 and 15 Febru