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Kota Kinabalu: A 59-year-old Buddhist temple volunteer was ordered to enter his defence on charges of cheating and using false documents over a land matter.Sessions Court Judge Indra Ayub held that the prosecution had made out a prima facie case against Heng Chin Hing @ Wong Chin Hing on Friday.

Indra, in his ruling, held that he was satisfied and accepted the prosecution's witness' (Datuk Samson Chin) explanation on the inconsistency between his statement to the police and his evidence in court with regards to the issue of whether the identity card of one Datuk R.G Berret was shown to him.

He made the finding on the prosecution's submission that the said witness was not a witness of truth and his credibility must be impeached.

Heng opted to give his evidence under oath when ordered to testify immediately after the court delivered its ruling.

The court then set March 1-2 for continuation of the trial.

Heng, on the first count, is accused of cheating one Chong Yu Long and one Chong Siew Kuan of RM23,000 as part of the payment to purchase a land lot in Tomanggong Estate in Kinabatangan by inducing them to believe that he was the holder of a 'Power of Attorney' dated Feb 8, 1977 for the said land lot.

The offence under Section 420 of the Penal Code provides for a jail term of between one and 10 years, and whipping and fine, on conviction.

On the second, third and fourth counts, Heng allegedly using three forged documents – the said 'Power of Attorney' that gave him authorisation regarding the said land; The River Astate Sdn Bhd's 'Special Resolution of Board of Directors' dated Jan 7, 1977, an authorisation letter for him pertaining to the said land and; a 'Personal Declaration and Testimony' by R.G. Berret dated Feb 8, 1977 agreeing to give an authorisation letter to him also pertaining to the said land.

The offences allegedly took place in March 2012 in a law firm at Damai Plaza IV, Lorong Kayu Manis, here.

The last three charges fall under Section 471 of the Penal Code and punishable under Section 467 of the same Code which carries a jail term of up to 20 years and liability of a fine, on conviction.

The prosecution had called 23 witnesses during the prosecution stage.

Deputy Public Prosecutor (DPP) Hidayatul Syuhada took over the case from DPP Musli Abd Hamid, who conducted the prosecution at the prosecution stage.

Heng is represented by counsel Ram Singh and Y S Lo.