Thursday 28 Mar 2024
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PUTRAJAYA (March 24): A three-member Court of Appeal bench has today dismissed the prosecution's appeal to confiscate RM794,900 in the Tabung Haji accounts of former Johor executive councillor for housing and local government Datuk Abdul Latif Bandi and his wife Nor Karmila Md Nor.

In addition, the appellate court also upheld the Johor Bahru High Court's decision to dismiss the forfeiture of 243,603.24 units of Amanah Saham Bumiputera owned by his son Ahmad Arif Sabirin Abd Latif.

Justice Datuk Suraya Othman, who led the bench, dismissed the prosecution's appeal and upheld the Johor Bahru High Court's decision in disallowing the forfeiture.

The bench, which also includes Justices Datuk Abu Bakar Jais and Datuk Che Mohd Ruzima Ghazali, unanimously ruled that the Malaysian Anti-Corruption Commission (MACC) had applied the wrong procedure in seeking the forfeiture.

The High Court decision was made by Justice Collin Lawrence Sequerah on Nov 25, 2018. Justice Sequerah is the present judge presiding in former prime minister Datuk Seri Najib Razak's 1Malaysia Development Bhd trial.

According to Latif's lawyer Siti Sarah Khalil, who appeared with Afifuddin Afifi and Abdul Rahim Ali, the prosecution had applied for forfeiture under Section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activity Act 2001 (AMLATFPUA).

The notice of forfeiture, she said, is defective as that section does not apply to an accused person whereas her client had been charged with money laundering and alleged corrupt practices under Section 16 of the MACC Act 2009 but had also been acquitted.

Furthermore, Siti Sarah said the proposed seized monies had intermingled with other funds and hence, it was improper for the prosecution wanting to forfeit all.

She said the appellate court bench agreed with the argument of Latif's lawyers and said the MACC should have made the forfeiture application under Section 55 of AMLATFPUA which allows for forfeiture with the prosecution.

Following this, the bench dismissed the prosecution's application, the lawyer said.

The prosecution was represented by deputy public prosecutors Samihah Razali and Mahadi Abdul Jumaat.

Reporters were not allowed to be present in today's proceedings.

Besides this, there were other forfeiture hearings against the Johor politician and his family with regards to seizing the various luxurious vehicles the family possessed, but all of them had been dismissed and some are on appeal.

It is also understood that the prosecution is appealing against Latif's acquittal.

He was acquitted with two others by the Sessions Court on April 21, 2019, of 33 counts of graft and money laundering of a total of RM30.3 million.

Edited BySurin Murugiah
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