
The Court of Appeal has revived the criminal breach of trust (CBT) and money laundering charges brought against a company director, overturning a High Court ruling that had quashed them on grounds of bias.
A three-member bench chaired by Justice Collin Lawrence Sequerah ruled that the High Court had erred in relying on the notes of proceedings in a civil case to conclude that Tan Hoo Eng’s right to a fair investigation had been violated.
Sequerah said Section 33 of the Evidence Act 1950 bars evidence adduced during a civil trial from being used in criminal proceedings. He added that the case did not fall within any of the exceptions to that provision.
“Consequently, we are of the view that the High Court erred in striking out the charges,” Sequerah said when announcing the…