KUALA LUMPUR – The sessions court acquitted and discharged two friends on charges of cheating in connection with the distribution of 180,000 boxes of rubber gloves worth over RM1 million three years ago.
Judge Mohd Kafli Che Ali made the ruling after finding that the prosecution failed to prove a prima facie case against Wan Ahmad Farhaan Wan Kia Salleh Nor, 32, and Mohd Fami Sharin, 50, at the end of the prosecution case.
Kafli said that no elements of fraud can be proven by the prosecution in this case.
“The second and third prosecution witnesses admitted in their testimony that they willingly signed several written agreements between the company Yummylooks and Tuntas Abadi. Furthermore, there is no evidence indicating that both accused compelled the duo to surrender the money (RM1,001,650).
“The court finds that this case leans more towards a breach of contract. Therefore, both accused are acquitted and discharged from the charges without being called to enter a defence. The bail money of RM30,000 each is returned,” he said.
Wan Farhaan and Fami were charged with deceiving Mohamad Faiz Yaacob, 35, and Saleh Nabil Salah Mahmoud Abdalkader Alarabi, from Yummylooks Sdn Bhd, by falsely claiming that they would distribute 180,000 boxes of latex gloves, leading the victims to transfer a total of RM1,001,650 into Tuntas Abadi Sdn Bhd’s bank account.
They allegedly committed the offence near Taman Tun Dr Ismail on March 17, 2021, under Section 420 of the Penal Code, read together with Section 34 of the same code, which carries a maximum of 10 years imprisonment with whipping and fine upon conviction.
Deputy public prosecutor Noorhani Muhmmed Ayub prosecuted, while counsel Haresh Mahadevan and Ramzani Idris appeared for the accused.
Five witnesses for the prosecution were called to testify at the trial, which began in 2022. – February 6, 2024