Court allows MACC to forfeit over RM835k alleged 1MDB-linked funds from Pahang MCA

09-Jul-2020 Intellasia | Malaysiakini | 6:02 AM Print This Post

The Kuala Lumpur High Court has allowed the MACC’s civil suit to forfeit RM835,258.19 of alleged 1MDB-linked funds from Pahang MCA.

The court today ruled that on a balance of probabilities, the monies have been proven by the prosecution that it is the proceeds from illegal activity.

Justice Muhammad Jamil Hussin made the ruling during open-court proceedings this afternoon.

Pahang MCA is among the 41 local groups, companies and individuals targeted in a MACC suit that seeks the forfeiture of RM270 million that allegedly originated from 1MDB.

In reading out the brief oral ruling today, Jamil said that the court reached that conclusion by relying on civil proceedings’ burden of proof via a balance of probabilities, under Section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUA).

Section 56 deals with prosecution’s application for a court order for forfeiture of the property where there is no related prosecution.

The judge said the prosecution had on a balance of probabilities proven that the RM835,258.19 is linked to the RM3 million that the Pahang MCA received from former prime minister Najib Abdul Razak in March 2013, as well as that this is linked to the proceeds from illegal activities.

Jamil said there is no need for the prosecution to obtain a conviction in Najib’s related criminal case before proceeding with the civil forfeiture suit against the Pahang MCA.

Najib is currently on trial at several High Courts over multiple corruption and other charges linked to RM2.28 billion of 1MDB funds and RM42 million of funds from SRC International, among others.

Jamil today also noted that Pahang MCA never denied they have received the RM3 million donation in a cheque from Najib in March 2013 and that the respondent argued that the remaining RM835,258.19 in its account originated from other donation sources.

“The respondent never denied the fact that they received the RM3 million from Najib. The respondent said they have already spent the RM3 million and the RM835,258.19 remainder came from other donation sources.

“The burden is on the respondent to prove that the RM835,258.19 is from other donation sources.

“However, the respondent has failed to do so. They did not produce any bank account (statements) to show it came from other donation sources,” Jamil said.

MACC deputy public prosecutor Farah Yasmin Salleh appeared for the prosecution while Pahang MCA was represented by counsels Ben Chan and Ken Low.

When met after the proceedings, Chan said he would be seeking instruction from his client on whether to appeal today’s verdict.


Category: Malaysia

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