KUALA LUMPUR (Sept 18): The Malaysian Anti-Corruption Commission (MACC) today failed in its bid to stay the execution of a High Court’s decision in dismissing its application to forfeit a total of RM957,395.65 that were seized from Johor Bahru Barisan Nasional (BN) and two others.
This followed a decision by the High Court here today in dismissing the prosecution’s stay application against Johor Bahru BN, its chairman Tan Sri Shahrir Abdul Samad and treasurer Raihan Baba.
The money was seized by the MACC last year for being allegedly from former Prime Minister Datuk Seri Najib Razak and allegedly linked to the 1Malaysia Development Bhd (1MDB) fund scandal.
Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh dismissed the prosecution’s application after hearing submissions on the matter from both parties.
“After studying the application by the applicant (prosecution) and considering the submissions, I found the application to have not fulfilled Section 311 of the Criminal Procedure Code. I therefore dismiss the application,” he added.
Earlier, deputy public prosecutor Maziah Mohaidi, from MACC, told the court that the stay application was made pending the hearing of an appeal against the court’s decision in dismissing the prosecution’s forfeiture application at the Court of Appeal.
Lawyer Syahrul Syazwan Salehin submitted that should the court allow the application for the stay, it would make the court turn away from its own findings when dismissing the forfeiture application.
”Secondly, it shows the court condones an action that is against the law in allowing the respondent's property to be held illegally," he added.
On June 9 this year, Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh dismissed the prosecution’s application to forfeit the money seized from the three parties.