Page 201 - SC Annual Report 2018 (ENG)
P. 201

Securities
                                                                                                                     Commission
                                                                                                                      Malaysia
                                                                                                                     ANNUAL
                                                                                                                      REPORT
                                                                                                                     2018





                          Table 7
                          outcome of criminal trials and appeals in 2018 (Continued)
                                  Nature of
                           No.                      Offender(s)     Description
                                  offence

                           7.     Submission        Tan Siok Wan    Tan SW was charged with having committed an offence under
                                  of misleading     (Tan SW)        section 32B(1)(a)(aa) read together with section 138(2) of the SCA
                                  information to the                when GP Ocean Food Bhd (GP Ocean) submitted through Alliance
                                  SC in connection                  Merchant Bank Bhd, misleading information to the SC contained
                                  with a proposal                   in a list titled ‘GP Ocean Food Bhd Group Top Ten Customer’. This
                                                                    information was required to be submitted to the SC in connection
                                                                    with GP Ocean’s proposal for listing on the Main Board of Bursa
                                                                    Malaysia Securities Bhd.
                                                                    Tan SW was charged in the Sessions Court on 18 April 2007. On
                                                                    6 January 2011, the Sessions Court acquitted and discharged her.
                                                                    The Prosecution had then appealed to the High Court, which on
                                                                    14 February 2017, overturned the acquittal and ordered Tan SW
                                                                    to enter her defence on the charge against her.
                                                                    On 28 March 2018, the Sessions Court acquitted Tan SW at the
                                                                    end of the Defence’s case.

                                                                    On 9 April 2018, the Prosecution filed an appeal to the High
                                                                    Court against the acquittal.
                           8.     Insider trading   Goh Keng Huat   Goh KH was charged with 10 counts of insider trading under
                                                    (Goh KH)        section 89E(2)(a) of the SIA. He was alleged to have acquired
                                                                    851,600 units of Road Builder Holdings (M) Bhd (RBH) shares
                                                                    through the accounts of Wee Siew Ling between 4 September
                                                                    2006 and 16 October 2006 while in possession of inside
                                                                    information.

                                                                    The SC alleged that the inside information referred to in the
                                                                    charges related to the proposed acquisition of all assets and
                                                                    liabilities of RBH by IJM Corporation Bhd at a total indicative
                                                                    purchase consideration of approximately RM1.56 billion.

                                                                    On 10 April 2018, Goh pleaded guilty to 1 charge pursuant to an
                                                                    application for plea bargaining under section 172C of the CPC.
                                                                    A total of 9 of the remaining charges were taken into
                                                                    consideration by the Court.

                                                                    Goh KH was sentenced to 6 months imprisonment and a fine of
                                                                    RM1 million, in default 6 months imprisonment.


















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