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2016 MarsdenLR 1188

HIGH COURT MALAYA KUALA LUMPUR
LEI LIN THAI – Appellant
Versus
PP – Respondent


Nordin Hassan JC:

Introduction

[1] On 29 January 2015, Lei Lin Thai, the applicant, was charged in the Sessions Court at Kuala Lumpur with 53 charges under s 188(2)(a) of the Capital Markets and Services Act 2007 ("the CMSA") and punishable under s 188(4) of the same Act.

[2] All the 53 charges preferred against the applicant are for the offence of acquisition of shares in TH Group Berhad whilst in possession of insider information.

[3] Before the commencement of the trial at the Sessions Court, the applicant filed this notice of motion dated 2 September 2015 seeking from this Court the following orders:

(i) that all the charges preferred against the applicant under s 188(2)(a) of the CMSA and registered as Case Nos: 62-01-01-2015 to 62-18- 01-2015 ("the said charges") at the Kuala Lumpur Sessions Court be struck out;

(ii) that the applicant be discharged and acquitted of all the said charges;

(iii) that all proceedings at the Kuala Lumpur Sessions Court pertaining to the said charges be stayed and/or adjourned pending the final disposal of this application; and

(iv) any other order or relief which this honourable Court deems fair and just.

[4] The grounds to strike out the 53 charges are

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