Zander Lim Wai Keong

On the court record

Zander Lim Wai Keong appears in the reported corpus as counsel for the prosecution in criminal appeals before the Court of Appeal, with matters ranging across criminal procedure, financial crime and offences against the person. One reported appeal concerns the interpretation of section 117 of the Criminal Procedure Code, which governs remand applications, and the key question whether only the investigating officer in charge must personally appear before the Magistrate or whether another officer may do so if the investigating officer is unavailable. His financial-crime work appears in an appeal on criminal breach of trust under sections 405, 408 and 409B of the Penal Code — criminal breach of trust by a clerk or servant and the statutory presumption that attends it where an employee entrusted with property is paid from the employer's account.

His prosecution work reaches migrant smuggling, homicide and corruption. He was engaged in a Court of Appeal appeal concerning a migrant-smuggling offence under section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, where accomplice testimony and an alibi defence were in issue and the conviction and a six-year sentence were affirmed, and in an appeal concerning culpable homicide not amounting to murder under section 304(a) of the Penal Code, where an alternative charge had been offered after representations and a guilty plea entered following a single fatal stab wound inflicted during a domestic quarrel. He also appeared in a matter concerning charges under section 18 of the Malaysian Anti-Corruption Commission Act 2009. A recurring feature of his reported work is the parole evidence rule under sections 91 and 92 of the Evidence Act 1950. Appearing for the prosecution, his reported work spans the procedure of remand, financial crime, migrant smuggling and homicide, marking Zander Lim Wai Keong as prosecuting counsel of notably broad range.