He was alleged to have abetted the late Toh Chun Toh Gordon (Toh) in defrauding Multi-Code Electronics Industries (M) Berhad (Multi-Code) of RM17.6 million in 2007.

Toh was the Managing Director of Multi-Code at the material time.

Justice Muniandy a/l Kannyappan dismissed Daniel Wong's application, ruling that the charge against him was valid and not flawed.

On 9 May 2024, Daniel Wong was charged with one charge under section 122C(c) read together with section 87A(b) of the Securities Industries Act 1983 (SIA) at the Kuala Lumpur Sessions Court for abetting Toh in using Multi-Code's funds amounting to RM17.5 million between 26 and 28 March 2007 to finance the purchase of over 11 million Multi-Code shares by Ace Prelude Sdn. Bhd.

If convicted, Daniel Wong faces a fine of not less than RM1 million and a jail term not exceeding 10 years.

Before his arrest on 8 May 2024, Daniel Wong had been at large for 15 years despite numerous efforts by the SC to locate him. The courts have issued two warrants of arrest against him in 2009 and 2019.

In his application to strike out the charge, Daniel Wong claimed that the charge was invalid, as among others, Toh, the principal offender, was not convicted of the principal offence under section 87A(b) of the SIA for defrauding Multi-Code.

Toh was instead convicted of an alternative charge under section 409 of the Penal Code for committing criminal breach of trust (CBT). Toh passed away on 27 August 2012 whilst his appeal against conviction was pending before the High Court.

The SC responded that despite the absence of a conviction against Toh under the SIA, the charge of abetting Toh in defrauding Multi-Code under section 122C(c) read together with section 87A(b) of the SIA remains valid.

The High Court agreed with the SC’s submissions and held that as the offence of abetting an offence is distinct from the offence committed by the principal offender, the charge against Wong in this case is valid, despite the lack of conviction against Toh of the offence under section 87A(b) of the SIA.

The High Court also held that it is not the Court’s role to second-guess the charge at this juncture, and that it is premature to set aside the charge.

The High Court proceeded to dismiss Wong’s application and directed for the trial to proceed before the Sessions Court as scheduled.

The SC was represented by SC Deputy Public Prosecutor Hashley Tajudin and prosecuting officers Mohd Shafiq Azman, Raihana Nadhira Rafidi and Caysseny Tean Boonsiri, whilst Daniel Wong was represented by counsel Dato’ Hariharan Tara Singh and Tan Eng Seng.