The Court of Appeal upheld the conviction and sentence of Amirruddin bin Nin, a company director who failed to appear before the Securities Commission Malaysia (SC) for questioning in a money laundering investigation.
The three-judge panel, led by Justice YA Dato’ Ahmad Zaidi bin Ibrahim, ruled in favor of the SC, restoring Amirruddin’s convictions and penalties for all three charges under Section 32(8)(a) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
Million-Ringgit Fine Reinstated
Originally sentenced by the Sessions Court, Amirruddin was handed:
- One day of imprisonment and RM100,000 fine per charge (three charges)
- A daily fine of RM2,000 for 979 days – totaling a staggering RM1,958,000
- Default sentence of 12 months imprisonment if the fines remain unpaid
His appeal to the High Court in 2023 resulted in partial relief, overturning two of his three convictions and scrapping the daily fine. However, the Court of Appeal has now reversed that decision, reinstating all penalties in full.
Strict Liability Offence – No Room for Evasion
Delivering the Court’s decision, Justice YA Datuk Noorin binti Badaruddin emphasized that the charges against Amirruddin were separate and distinct. She also reinforced that violating Section 32(8)(a) of AMLATFPUAA is a strict liability offence, meaning intent does not need to be proven for conviction.
The Court found that the High Court had erred in its decision to set aside parts of Amirruddin’s conviction, thus allowing the SC’s cross-appeal to reinstate his full penalties.
