KUALA LUMPUR (March 12): The High Court has fixed June 25 to hear former Repco Holdings Bhd executive chairman Low Thiam Hock’s appeal against his conviction for a market manipulation offence.
Low, better known as Repco Low, is also appealing against the sentence of five years’ jail and RM5 million fine.
High Court senior assistant registrar Sakinah Mohamad Pauzi fixed the hearing date during case management today with his lawyers and the prosecution.
The appeal will be heard by Judicial Commissioner Datuk Azhar Abdul Hamid.
Low's lawyer Sarah Abishegam confirmed the hearing date with The Edge.
However, she said Low's appeal over questions surrounding the legitimacy of the Sessions Court's notes of proceedings would have to be heard first by the Federal Court which has yet to fix a date.
“We need to resolve that appeal first,” she added.
Securities Commission Deputy Public Prosecutor Roz Mawar Rozain also confirmed the June 25 hearing date of Low's appeal.
The Court of Appeal had on Oct 12 upheld the High Court's decision to dismiss Low's application for a revision of the Sessions Court’s notes of proceedings.
Low's counsel Tan Sri Muhammad Shafee Abdullah had argued that Sessions Court judge Mat Ghani Abdullah had provided conflicting notes of proceedings to the High Court, thereby rendering doubt whether the trial judge referred to the right notes in reaching the decision in 2016 to convict his client.
The Court of Appeal bench, led by Federal Court judge Datuk Rhodzariah Bujang, however, held that the Sessions Court judge had referred to the right notes that had been agreed upon by both parties.
Low subsequently appealed to the Federal Court on the notes of proceeding issue.
Low, 57, had been charged in the Sessions Court with carrying out acts calculated to create a misleading appearance, with respect to the price of Repco company's shares on the Kuala Lumpur Stock Exchange on Dec 3, 1997.
This is an offence under Section 84(1) of the Securities Industry Act 1983.
Low was initially acquitted without his defence being called, and the decision was upheld by the High Court. But the Court of Appeal reversed the decision and ordered him to enter his defence.
Following his trial at the Sessions Court, he was convicted and sentenced in 2016.