KUALA LUMPUR: A former executive director and his son were discharged and acquitted by a Sessions Court of criminal breach of trust (CBT) charges involving a non-ferrous metal company’s property and cash.
Judge S.M. Komathy Suppiah ruled that the prosecution had failed to prove a prima facie case against Kuan Shin @ Kuan Nyong Hin, 68, and former company managing director Kuan Pek Seng, 42.
She ruled that the evidence clearly showed there had been unanimous consent by the company directors to carry out all the transactions stated in the charges, so no elements of CBT were proven.
The duo were charged in December 2008 with CBT involving a shoplot in Kinrara Business Centre by dishonestly disposing of it to Kwan Nyok Yin, who is Pek Seng’s sister.
The offence was allegedly committed at Chin Foh Bhd in Jalan Tiong on April 7, 2005.
They were also charged with committing CBT involving company cash amounting to RM157,199 allegedly to pay legal fees at the same place between Feb 15, 2005 and Nov 8 2005.
Pek Seng also pleaded not guilty to a third charge of CBT involving company cash of RM84,260, allegedly to pay a construction company for renovation work to a house in Damansara Heights on Oct 18, 2005.
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