Kuala Lumpur, 5 March 2025
The Court of Appeal today dismissed a company director’s appeal against his conviction and sentence for failure to appear before the SC’s investigating officer for questioning in relation to a money laundering investigation.
Amirruddin bin Nin (Amirruddin) had committed the offence under section 32(8)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Act 613) (AMLATFPUAA).
The Court of Appeal panel comprising Justices YA Dato’ Ahmad Zaidi bin Ibrahim, YA Datuk Mohamed Zaini bin Mazlan and YA Datuk Noorin binti Badaruddin unanimously dismissed Amirruddin’s appeal against his conviction and sentence on the first charge.
The Court of Appeal further allowed the SC’s cross-appeal and restored Amirruddin’s conviction and sentence for the second and third charges. It also reinstated the daily fine for the continuing offence.
In delivering the Court of Appeal’s decision, Justice Noorin stated that the three charges against Amirruddin were distinct and separate and that an offence under section 32(8)(a) of the AMLATFPUAA is by nature a strict liability offence. Her Ladyship further stated that the Court of Appeal found that the High Court judge had erred in his findings in setting aside the conviction and sentence passed by the trial judge against Amirruddin.
As a matter of background, the SC, with the consent of the Public Prosecutor, had charged Amirruddin, a director of CTB Solutions Sdn Bhd with three charges under section 32(8)(a) of AMLATFPUAA on 19 February 2020 at the Kuala Lumpur Sessions Court.
After a full trial, the Sessions Court convicted Amirruddin on all three charges and sentenced him to one day imprisonment and RM100,000 fine for each charge and further imposed a daily fine of RM2,000 for 979 days amounting to RM1,958,000 for the continuing offence (in default of 12 months imprisonment). The offences were committed between 15 June 2017 and 18 February 2020.
Following the decision of the Sessions Court, Amirruddin filed an appeal against his conviction and sentence to the High Court. On 28 June 2023, the High Court upheld Amiruddin’s conviction and sentence for the first charge but set aside his conviction and sentence for the second and third charges. The High Court also set aside the daily fine for the continuing offence. This led to the appeals by both parties at the Court of Appeal.
The SC would like to remind members of the public that failure to comply with a written notice issued by an investigating officer of the SC is a punishable offence under securities laws. Any non-compliance will hinder the SC's discharge of its investigation and enforcement functions which are crucial in maintaining the integrity of the capital market.
SECURITIES COMMISSION MALAYSIA