Kee Wei Loon

On the court record

The reported matters document criminal-defence and procedural work, including successful appeals against conviction and a criminal revision on prosecutorial disclosure, grounded in the judgments themselves.

Kee Wei Loon's reported matters are in the criminal sphere, spanning appeals against conviction and sentence in the Court of Appeal and a criminal revision in the High Court. The most substantial entry is a set of consolidated Court of Appeal criminal appeals against conviction and sentence, where the charges concerned criminal breach of trust under sections 405 and 403 of the Penal Code, abetment, and an offence under section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. He appeared as part of the defence team for the appellant. The issues on appeal included whether the trial court had erred in law even if the prosecution evidence went unrebutted, and whether the credibility of the principal prosecution witnesses had been properly assessed. The Court of Appeal held that the charges preferred were unsafe, allowed the appeals, set aside the convictions and sentences, and ordered that the appellant be acquitted and discharged.

The profile also reaches pre-trial criminal procedure. In a High Court criminal revision at Kuala Lumpur, the question was the prosecution's obligation of disclosure under section 51A(1)(c) of the Criminal Procedure Code, where a statement of facts favourable to the defence had been available but not supplied and a production order in the Sessions Court had been refused. Appearing for the applicant, the Court invoked its supervisory jurisdiction, allowed the revision and ordered the prosecution to comply with section 51A(1)(c) so that the written statement of favourable facts would be delivered before trial. A common thread across both matters is the scrutiny of the prosecution's case, whether by testing the safety of a conviction and the credibility of the principal witnesses on appeal, or by compelling disclosure of favourable material before trial so that the defence is not conducted in the dark. Across both decisions the reported work is criminal defence and procedure, argued on appeal before the Court of Appeal and by way of the High Court's revisionary jurisdiction at Kuala Lumpur.