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Thursday, October 1, 2020

Court denies stay application in 1MDB-linked forfeiture suit against Jakel Trading

 


The Kuala Lumpur High Court denied a stay application to stay over its dismissal of a 1MDB-linked RM628,314 forfeiture suit against Jakel Trading.

Judicial commissioner Ahmad Shahrir Mohd Salleh dismissed the stay application by the prosecution during open-court proceedings this afternoon.

On June 9, the High Court dismissed the application by the prosecution to forfeit the sum from Jakel Trading, allegedly related to the 1MDB scandal.

The forfeiture suit claimed that Jakel Trading received RM628,314 in its bank account from former prime minister Najib Abdul Razak’s bank account, between 2011 and 2013.

The prosecution today had sought the stay of the June 9 ruling so that MACC need not release the RM628,314 to Jakel Trading, pending an appeal to the Court of Appeal.

In reading out the brief decision this afternoon, Ahmad Shahrir said that the prosecution’s stay application did not comply with Section 311 of the Criminal Procedure Code.

Section 311 deals with the requirement for a stay of execution of a court decision pending appeal.

“However, Section 311 of the Criminal Procedure Code is specifically for conviction or sentencing, and not for the consequence (akibat kesan) of a court decision.

“The court, therefore, finds there is no merit in the application (for a stay of execution) and dismisses it,” Ahmad Shahrir ruled.

DPP Hamidi Abdul Jumaat prosecuted while counsel Thevini Nayagam appeared for Jakel Trading.

On June 21, it was reported that MACC filed civil forfeiture suits worth RM270 million against 41 local individuals and groups. Jakel Trading was among those targeted by the legal action. - Mkini

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