Kota Kinabalu: A businessman was freed by the Magistrate’s Court here from two counts of allegedly cheating his younger brother over properties valued at RM2,013,000.
Liaw Hen Vui, 60, was discharged and acquitted by Magistrate Wan Farrah Farriza Wan Ghazali on Monday without his defence being called.
In her ruling, Wan Farrah held that the prosecution had failed to prove a prima facie case against Liaw on both charges.
On the first count, Hen Vui was accused of cheating Liaw Hen Kyun @ Alex Liaw by using three shoplots which he obtained from Syarikat GLF Properties Sdn Bhd owned by Alex without any payment and then allegedly used the properties as collateral to secure loan from Public Bank with a verbal agreement that part of the money would be given to Syarikat GLF Properties, in which Hen Vui did not do so.
The charge stated that Hen Vui dishonestly induced Alex into surrendering the properties worth RM900,000, which was allegedly committed on July 21, 2006, at the Public Bank, here.
On the second count, Hen Vui was alleged to have cheated Alex by using eight properties from Syarikat GLF Properties Sdn Bhd owned by Alex without any payment and then allegedly used the properties as collateral to secure loans from United Overseas Bank (Malaysia) Sdn Bhd, with a verbal agreement that part of the money would be given to Syarikat GLF Properties, which he did not do so.
The charge stated that Hen Vui’s alleged trick induced Alex into surrendering the properties valued at RM1,113,000 to him on May 7, 2008 at the United Overseas Bank (Malaysia) Sdn Bhd, here.
Hen Vui had on April 03, 2019 claimed trial to the charges under Section 420 of the Penal Code which provides for a jail term of between one and 10 years, and whipping and fine, on conviction.
Ten witnesses were called to testify during the prosecution’s stage.
Hen Vui was represented by counsel Ronny Cham and Ian Cham.
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