Businessman Soh Chee Wen (photo) and his lawyer want to inspect all the relevant documents possessed by the Securities Commission (SC) before proceeding with the hearing of Soh's much-awaited court case.

Soh's counsel Francis Ng Aik Guan today applied to the Shah Alam Sessions Court to summon the SC to reveal all the documents listed in his petition for inspection by the defendant under Section 51 of the Criminal Procedure Code.

Soh is charged for two offences under Section 87A(a) of the Securities Industry Act 1983 for defrauding a brokerage, Omega Securities, of RM520 million. The hearing today is before Justice Suraya Othman.

Ng told the court that the defence should be given the opportunity to review among others, the various forms, contracts, letters and statements that allegedly linked his client to the charges.

The documents, however, are currently withheld by the SC.

Time needed

He argued that the defence might not be able "to fully appreciate the significance of each and every document as and when tendered by the prosecution" without inspecting those documents earlier.

"All they supplied us are a bare charge sheet and the search list. These are not enough for us to prepare a good defence," he said.

Ng cited a precedent in the Tony Tiah case in which the High Court allowed for the application by the defence to inspect similar documents kept by the SC.

Tiah was also charged under Section 87A(a) of the Securities Industry Act for allegedly abetting Soh in committing his offences.

"We hope the court will follow the precedent set by the High Court," he said.

The hearing continues on Wednesday.

Application to be challenged

Meanwhile, the SC's team of five prosecutors, led by deputy public prosecutor (DPP) Abdul Karim Abdul Jalil, have indicated in court this morning that they would challenge the application.

The four prosecutors present in court today are DPP Salehuddin Saidin, DPP Fairuz Zainal Abidin, DPP Roz Mawar Rozain and SC prosecuting officer Vicky Wong.

Soh is currently freed on a RM2 million after pleading not guilty to the charges. He faces a 10-year prison term and a minimum penalty of RM1 million if convicted.

The businessman was an associate of Ling Hee Leong, the high-flying son of Transport Minister Dr Ling Liong Sik, until their business ventures collapsed following the 1998 recession.

Soh was on the run before returning to Malaysia this year to answer the charges against him.