The Securities Commission Malaysia is seeking information from members of the public to locate Gan Boon Aun, the former Chief Executive Officer and Executive Director of Transmile. The SC has obtained a warrant of arrest on 18 October against Gan. The warrant of arrest was issued by the High Court when Gan failed to appear at the High Court for the hearing of his appeal after several attempts were made to secure his attendance.
Gan was convicted on 27 August 2020 for knowingly furnishing a misleading statement relating to Transmile Group Berhad’s revenue in the company’s Quarterly Report on Unaudited Consolidated Results for the Financial Year ended 31 December 2006. The misleading statement on the revenue amount comprised over RM333million fictitious sales. Gan was convicted and sentenced by the Sessions Court to one-day imprisonment and a fine of RM2.5 million. Gan filed an appeal against his conviction and SC filed a cross-appeal against the sentence imposed by the Sessions Court against Gan.
The High Court had since dismissed Gan’s appeal following his failure to appear before the High Court for the hearing of his appeal. The court has set 13 December 2021 for the SC’s cross-appeal against the sentence, pending the execution of the warrant of arrest against Gan.
Members of the public with information on Gan can contact the SC at tel: +6012 248 4186 / +6017 360 8329 /+6012 604 3195 or email: aduan@seccom.com.my.
Background
- The SC had on 12 July 2007 charged Gan for abetting Transmile in making a misleading statement relating to its revenue in the company’s Quarterly Report on Unaudited Consolidated Results for the Financial Year ended 31 December 2006. The misleading statement was likely to induce the purchase of Transmile’s shares by other persons, which is an offence under section 86(b) read together with section 122C(c) of the Securities Industry Act 1983 (SIA).
- On 26 May 2008, the SC added an alternative charge of furnishing a misleading statement to Bursa Malaysia in the same financial statement, which is an offence under section 122B(a)(bb) read together with section 122(1) of the SIA.
- The trial was held between 22 July 2010 and 14 February 2020 as Gan had filed two applications to challenge the constitutionality of the alternative charge.
- Earlier in 2017, the Court of Appeal had upheld the conviction and sentence of 12 months imprisonment and a fine of RM300,000 that was imposed on two members of Transmile’s Board Audit Committee. These Board Audit Committee members were the independent non-executive directors at the time.