PUTRAJAYA: The Court of Appeal has ordered the government to return valuables and cash in different currencies equivalent to about RM600,000 that were forfeited from a former senior civil servant four years ago.
A three-member bench chaired by Hanipah Farikullah made the ruling after the Malaysian Anti-Corruption Commission (MACC) and former rural and regional development ministry secretary-general Arif Ab Rahman came to an agreement.
Lawyer Guok Ngek Seong, who represented Arif, said the government was allowed to seize RM249,000 in cash and 50gm of gold.
He said Arif could get back about 10 luxury watches, branded handbags and cash in Singapore, US, British and Australian currencies.
In 2018, the MACC filed a second forfeiture application against Arif under Section 41 of the MACC Act, saying the money and valuables were believed to be proceeds from illegal activities.
Arif had affirmed an affidavit as to why the forfeiture was unlawful but the prosecution did not respond to it.
Despite this, the sessions court approved the seizure of the cash and valuables.
On appeal, the High Court in 2020 reversed the findings of the sessions court.
Dissatisfied with the High Court’s ruling, the prosecution and Arif made cross appeals.
However, both sides reached an agreement, which was informed to the Court of Appeal today.
Judges Ahmad Nasfy Yasin and Hashim Hamzah were also in the three-member bench.
Deputy public prosecutor Ng Siew Wee appeared for the MACC.
In another forfeiture case, also involving Arif and the MACC, the Court of Appeal last December allowed the government to seize cash amounting to about RM540,000 and 8kg of gold bars worth RM1.4 million.
Arif, in his affidavit, claimed the money and bars were kept for a former agriculture minister which was not denied by the MACC.
The assets seized in 2017 consisted of cash amounting to RM544,627, foreign currencies amounting to RM200,000, 8kg of gold bars, 11 branded watches, a necklace, a pearl bracelet, a handphone and a branded handbag.
The foreign currencies, watches and other items were returned to Arif. - FMT
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