A three-member bench chaired by Justice Azman Abdullah allowed the prosecution’s appeal to set aside a High Court ruling acquitting Ahmad Hatta Kamaruzaman, 53, of the offence two years ago.

Also on the bench hearing the appeal were Justices Zaini Mazlan and Wan Ahmad Farid Wan Salleh.

The ruling allows the prosecution the liberty of resuming prosecution if it thinks fit.

At the outset of today’s proceedings, deputy public prosecutor Law Chin How informed the bench that Hatta’s lawyers had submitted representations to the public prosecutor last week seeking a DNAA for their client.

Lawyer Amer Hamzah Arshad, who appeared for Hatta, confirmed the matter.

Law said the High Court in Kuala Lumpur was wrong to acquit Hatta of the charge.

Justice Jamil Hussin had in his judgment said the charges were unfounded.

Hatta was charged with misleading SSM with a false statement regarding material details in an annual return dated May 19, 2017 lodged by Aker Engineering Malaysia Sdn Bhd.

Section 68 of the Companies Act 2016 makes it mandatory for companies to lodge their annual return with the SSM every year.

Hatta was charged with committing the offence at Menara SSM@Sentral on Jalan Stesen Sentral 5, Kuala Lumpur, in June 2017.

The charge was framed under Section 591(2)(a) of the Companies Act 2016 which provides imprisonment for up to 10 years and a fine not exceeding RM3 million, if found guilty.

He was initially charged before sessions court judge Azura Alwi in February 2022 but went to the High Court to quash the charge.