Kota Kinabalu: Two former directors of an investment company, one charged with 10 counts of cheating and the other with abetting him in relation to a forex investment scheme involving RM457,735.50, were granted a discharge not amounting to an acquittal (DNAA) by the Magistrates’ Court on Friday.
Magistrate Dzul Elmy Yunus made the ruling on Azlin Awang Chee, 44, and Mohd Hasanul Isyraf Mohammad Rejab, 39, whose case was due for trial on Friday.
The prosecution had earlier applied for a postponement, informing the court that it had received instructions from the Attorney General’s Chambers to review all charges against the accused.
However, the defence counsels for both Azlin and Hasanul objected, citing repeated delays in the case.
Counsel Hamid Ismail, representing Hasanul, argued that the review should have been conducted before the trial commenced, while counsel Azhier Farhan Arisin, representing Azlin, contended that it was appropriate for the court to exercise its discretion and grant a discharge not amounting to an acquittal (DNAA).
In granting the DNAA for both men, the court stated that it had taken into account the submissions made by both parties.
Azlin, on counts one to 10, was accused of having misled 10 individuals, by inducing each of them to believe that he could secure them a substantial return on foreign exchange investment (Prixo Markets) and induced them to hand over amounts of money, ranging from RM2,700 to RM192,672.50, between April 20, 2020 and April 21, 2021, at various locations here.
Meanwhile, Hasanul was charged with 10 counts of abetting Azlin in each of the 10 offences.
Azlin and Hasanul were charged under Section 420 and Section 109 of the Penal Code, respectively.