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1987 MarsdenLR 480

HIGH COURT MALAYA KUALA LUMPUR
PP – Appellant
Versus
DATO KEE YONG WEE KOH KIM SWEE & OTHER CASES – Respondent


Petitioner Advocates:Gooi Soon Seng,Tan Hock Chuan ,Respondent Advocate: Sri Ram,SS Mah

JUDGMENT

KC Vohrah J:

[1] The Public Prosecutor has made three applications for orders under s 417(2) of the Criminal Procedure Code that the trial of 3 cases be transferred from the Sessions Court, Kuala Lumpur, to the High Court under s 417(cc) of the Code.

[2] That an application under s 417 is open and available to the Public Prosecutor under s 417 is of course clear (per E Abdoolcader SCJ in PP v. Dato Yap Peng, [1987] 2 MLJ 311; [1987] CLJ (Rep) 284 at p 368).

[3] In respect of the three respondents in Criminal Application No 14 of 1987 they are charged in the Sessions Court as follows:

That you jointly between 5 June 1986 and 16 June 1986 at the Federal Territory of Kuala Lumpur, being agent of the Young Malaysians' Economic Development Co-operative Society Limited, to wit, directors, and in such capacities entrusted with dominion over certain property, to wit, RM1,400,000 committed breach of trust in respect of the said property and that you have thereby committed an offence punishable under s 409 of the Penal Code.

[4] The charge against the respondents in the Sessions Court in Criminal Application No: 14 of 1987 is as follows:

That you between 7 May 1986 and 9 May 1986 at the F

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