The court rules that liability for the funds falls on those involved, and not the company.
Justice Latifah Tahar said respondent Aman Palestin was a non-profit company whose main objective was to coordinate various forms of charity and aid for Palestinians worldwide.
“The respondent’s funds are fully sourced from donations made through various channels, including online transactions, monthly deductions from bank accounts, and cash donations at branches throughout Malaysia.
“From 2018 to 2023, the donations received totalled over RM123.9 million,” she was quoted by Sinar Harian as saying during proceedings today.
She said donors voluntarily channelled their contributions to the respondent, which took full ownership of the funds and had complete, unrestricted, and unconditional control over them.
However, she said the applicant had frozen all the bank accounts in November and December 2023 before applying for forfeiture on Nov 15, 2024.
The prosecution claimed that the funds had been misappropriated and that investigations showed the respondent had moved over RM64 million for investments, and to purchase property and gold.
Latifah said the funds were transferred to Samudra Champa Sdn Bhd, Kerengga Merah Sdn Bhd, Isra Travel Sdn Bhd, and Yayasan Persahabatan Al-Insaniah Sejagat.
She said the court was of the view that if the funds had been misappropriated when they were transferred for investment purposes, liability would fall on those involved, and not the company.
She said the applicant had failed to prove that the money in the bank accounts and the purchase of the gold bar were the subject matter of an offence or proceeds of unlawful activities.
Latifah ruled that the applicant had failed to discharge its burden of proof on the balance of probabilities.
The prosecution was represented by deputy public prosecutors Farah Ezlin Yusop Khan, Noor Syazwani Sobry, and Nurul Qistini Qamarul Abrar, and prosecuting officer Fatin Farhana Ismail. Aman Palestin was represented by lawyers Hisyam Teh Poh Teik, Zamani Ibrahim, and M Athimulan.
Farah applied for a stay of execution of the court order pending an appeal, seeking to halt the return of the assets and funds that had been frozen and seized.
Latifah fixed Sept 4 for case management.
On Feb 15, 2024, two Aman Palestin executives and a company director pleaded not guilty in the sessions court to 164 charges of money laundering, criminal breach of trust, and cheating involving RM39.5 million.
Aman Palestin executive chairman Abdullah Zaik Abdul Rahman, CEO Awang Suffian Awang Piut and Samudra Champa director Khairudin Ali claimed trial after the charges were read to them over two hours. - FMT
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