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2002 MarsdenLR 1598 ; 2002 MarsdenLR 1

HISHAMUDIN MOHD YUNUS
DATUK TIAH THEE KIAN – Appellant
Versus
PP – Respondent


Advocates:
For the 1st appellant - Tan Hock Chuan (Jory Leong & Lai Mun Onn); M/s Tan Hock Chuan & Co
For the 2nd appellant - En Hisyam Teh Poh Teik (Christopher Koh); M/s Teh Poh Teik

JUDGMENT

Hishamudin Mohd Yunus J:

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.

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

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 Sec

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