Apex Court Fixes Feb 7 For 1mdb Forfeiture Appeal Hearing

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The prosecution is seeking to forfeit monies allegedly linked to 1MDB funds. (AP pic)PUTRAJAYA: The Federal Court has fixed Feb 7 next year to hear the prosecution’s appeal to forfeit monies, allegedly linked to 1MDB funds, belonging to nine entities including Umno and Wanita MCA.
The hearing date was fixed following case management before Federal Court deputy registrar Siti Hajar Mustaffa.
Lawyer Gooi Yang Shuh, representing Habib Jewels Sdn Bhd, when contacted, confirmed the hearing date.
The prosecution is appealing against the decisions of the High Court and Court of Appeal which dismissed its forfeiture applications and appeals against Habib Jewels, Hattatex Trading, Wanita MCA, Umno, Kedah Umno liaison committee and four other individuals, Perano Sdn Bhd, Binsabi Sdn Bhd and K&Z Enterprise Sdn Bhd.
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The Court of Appeal had also ruled against the prosecution and set aside the High Court decision that had allowed it to forfeit monies seized from Pahang Umno liaison committee.
On Sept 2, last year, the Court of Appeal concluded that there was insufficient evidence to satisfy the court that the monies seized were the subject matter or evidence relating to the commission of an offence or proceeds of unlawful activities.
The court also said there was no link between the monies in the bank account of the respondents and the funds allegedly misappropriated from 1MDB.
The Court of Appeal held that the offence under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 had not been proven and that the monies sought to be forfeited were not traceable to the alleged offence of unlawful activity.
The court also held that even if the money received from Najib Razak was from unlawful activities, the High Court had correctly ruled that it could not be simply forfeited because the respondents had averred that the money given by Najib between 2012 and 2013 had already been spent after a period of five years and that the money seized in 2018 was from other lawful sources.
The prosecution sought to forfeit RM192,965,413.61 belonging to Umno; RM300,000 from Wanita MCA; RM337,634.78 and RM827,250 respectively from Perano, a company that sells hijab, and Binsabi which supplies tents; RM100,000 from Habib Jewels; RM138,359.60 from K&Z Enterprise; RM827,250 from Kedah Umno liaison committee; and RM111,590 from Hattatex Trading.
It alleged that the seized monies were the subject matter or evidence from proceeds of an unlawful activity allegedly committed by the former prime minister under Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and Section 23 of the Malaysian Anti-Corruption Commission Act 2009.
On the same day, the Court of Appeal panel, comprising justices Abdul Karim Abdul Jalil, Hadhariah Syed Ismail and Abu Bakar Jais, also allowed an appeal by Pahang Umno liaison committee to set aside a High Court decision which allowed the prosecution’s application to forfeit RM2,479,300.18 seized from the committee. - FMT

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