THE Court of Appeal in Putrajaya today upheld a five-year jail sentence and RM1 million fine imposed by a lower court 12 years ago on a former unlicensed land broker for money laundering.

This followed a decision by a three-member panel in dismissing the appeal by Gan Kiat Bend, 64, to set aside his conviction as well as jail sentence and fine.

In the court’s decision, judge Hanipah Farikullah, chairing the panel, said there is no merit in Gan’s appeal and no appealable error by the lower court to warrant the appellate court’s intervention.

The two other judges were Nordin Hassan and Mohd Nazlan Mohd Ghazali.

Gan, who was on bail of RM170,000 pending disposal of his appeal, was ordered by the court to begin his jail sentence today.

Gan was charged with four counts of money laundering by receiving proceeds from unlawful activities amounting to RM2.4 million, committed at Standard Chartered Bank Malaysia Bhd in Jalan Ampang, Selangor between November 19, 2003 and January 9, 2004.

On December 23, 2010, the Sessions Court sentenced him to five years in jail and fined him RM1 million, in default of which a year’s jail, for the first charge and two years’ jail for the second charge.

He was sentenced to six months’ imprisonment for the third charge and two years’ jail for the fourth charge. However, Gan was ordered to serve the jail sentences concurrently.

The Sessions Court also ordered Gan to pay a RM2.4 million penalty or levy under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001. Failure to pay the penalty within a year will land him with another jail term.

His appeal at the High Court was dismissed on March 10, 2017.

Gan settled the RM1 million fine but did not pay the RM2.4 million penalty.

He was initially charged together with another unlicensed land broker, Ismail Hussin, who is now deceased.

Gan was represented by lawyer Muhammad Shafee Abdullah while deputy public prosecutor Dusuki Mokhtar, Nahra Dollah and Samihah Rhazali prosecuted. – Bernama, September 12, 2022.