AG to appeal ruling that govt can’t forfeit millions given by Najib

 

Attorney-General Idrus Harun says the prosecution will file a notice of appeal before Sept 17.

PUTRAJAYA: The prosecution will appeal to the Federal Court against last week’s Court of Appeal ruling that bars the government from forfeiting millions of ringgit given by Najib Razak to political parties and business entities about 10 years ago.

“Yes. We will be filing an appeal,” Attorney-General Idrus Harun told FMT in a text message.

The prosecution has until Sept 17 to file the notice of appeal.

Once the written judgment is made available, it will file a petition of appeal to outline where the Court of Appeal has erred in law and facts.

On Sept 2, a three-member bench chaired by Abdul Karim Abdul Jalil held that the government cannot forfeit money channelled to political parties and business entities as the prosecution had failed to prove whether the former prime minister was involved in unlawful activities.

Judge Hadhariah Syed Ismail, who delivered an oral ruling, said the investigating officer in the abuse of power case under the Malaysian Anti-Corruption Commission (MACC) Act merely disclosed the movement of monies transferred out from Najib’s accounts and other entities.

“This averment is insufficient to establish the unlawful activities from which the proceeds allegedly were derived,” she said in allowing an appeal by the Pahang Umno liaison committee.

The state Umno had received RM2.5 million from Najib between 2012 and 2013.

The bench, which also comprised Abu Bakar Jais, also dismissed the prosecution’s appeal to forfeit money given or paid to Habib Jewels (RM100,000), Kedah Umno (RM1.05 million), Umno headquarters (RM192.6 million), Wanita MCA (RM300,000), Binsabi Sdn Bhd (RM777,250), Perano Sdn Bhd (RM337,734) Hattatex Trading (RM111,590) and K&Z Enterprise Sdn Bhd (RM138,359).

The High Court had, in late 2019 and early last year, dismissed MACC’s forfeiture applications made under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

The money seized by MACC was allegedly linked to the 1MDB scandal.

In June 2019, the anti-graft agency filed civil forfeiture applications against 41 individuals and entities to recover RM270 million allegedly transferred from Najib’s account.

The forfeiture applications were filed under Section 56 of AMLA. The biggest recipients were Umno divisions and branches which had received a total of RM212 million.

Some of the recipients have since returned the money to MACC.

Najib is facing 25 charges of abuse of power and money laundering over alleged 1MDB funds amounting to RM2.28 billion deposited in his AmBank accounts between February 2011 and December 2014. - FMT