Prosecutors in businessman Soh Chee Wen's case argued that there was no need to show the extent of Soh's involvement in his two fraud charges because his lawyer had misinterpreted the legal provision incriminating him, the Shah Alam Sessions Court was told today.

Deputy public prosecutor Abdul Karim Abdul Jalil claimed that the defence counsel's interpretation of Section 87A(a) of the Securities Industry Act 1983 under which Soh was charged was inaccurate, in reference to the word "directly" in the provision.

The section states that it is unlawful for any person with direct or indirect connection with the purchase or sale of any securities to use any device, scheme or artifice to commit fraud.

Abdul Karim was making his oral submission before Justice Suraya Othman, challenging the applications by Soh's counsel, Francis Ng Aik Guan, to amend the charges or to provide more information regarding the two charges.

No need for more info

Ng argued in his submission yesterday that the prosecution should provide more information to describe Soh's alleged direct involvement in the charges against him.

Soh had claimed that they were confusing and difficult to understand.

Soh is facing two charges of allegedly defrauding the now defunct Omega Securities Sdn Bhd of RM521 million.

However, Abdul Karim contended today that it is not unnecessary for the prosecution to do so because the word "directly" in Section 87A(a) refers to the purchase and sale of securities.

"(It) does not refer to the action or involvement of a person," he said.

Thus, the prosecution need not provide the defence with the information about the extent of Soh's involvement, adding that it will eventually be known in the course of the trial, he insisted.

The prosecution will continue their submission on Tuesday.

Apart from the amendment or further information on the charges, Ng also sought to inspect the relevant documents relating to the trial currently held by the Securities Commission.

He also wanted the documents on the trials of a prominent corporate figure, Tony Tiah Thee Kian and Khoo Poh Kim @ Kimmy. Tiah was charged with abetting Soh, while Khoo was charged with abetting Tiah to abet Soh.

In a consequential application, the lawyer is seeking an adjournment to have more time to go through the relevant documents should the court grant his earlier applications.

Ling link

Soh is currently freed on a bail of RM2 million. He faces a minimum penalty of RM1 million and a jail term of 10 years if convicted.

He was a business partner of Ling Hee Leong, the son of Transport Minister Dr Ling Liong Sik, until their business venture in Promet Bhd and Rekapacific fell apart when the recession hit in 1998.

Soh was on the run for several years before returning to Malaysia in March to answer the charges against him.