Govt fails in bid to forfeit RM114mil seized from Pavilion Residences
Judge Muhammad Jamil Hussin said the Attorney-General’s Chambers (AGC) had failed to prove that the RM114 million, on balance of probability, originated from 1MDB.
(FMT) – The High Court today dismissed the government’s bid to forfeit more than RM114 million in cash seized by police at Pavilion Residences after the 2018 general election.
Judge Muhammad Jamil Hussin said the Attorney-General’s Chambers (AGC) had failed to prove that the RM114 million, on balance of probability, originated from 1MDB.
He also said the prosecution had failed to prove that the seized cash was obtained from a criminal breach of trust (CBT) offence.
However, the court did not make any order on whether the cash will be given to third party claimants, Umno or former party president Najib Razak.
The government wanted to forfeit RM114,164,393.44 in cash and jewellery and high-end fashion items seized from the premises owned by Obyu Holdings Sdn Bhd three years ago. It alleged the money and items were linked to 1MDB.
Jamil said the prosecution did not adduce evidence to show how parts of the RM114 million were converted into foreign currencies.
“Statements recorded from witnesses only mentioned that they spent money they received from an Ambank account but nothing was mentioned about exchanging Malaysian ringgit to other currencies,” he said.
Prosecution to appeal, wants to halt court’s decision
After the court’s decision, deputy public prosecutor Mohd Saifuddin Hashim Musaimi said the prosecution will be appealing against it, and sought a stay order.
Saifuddin said that following the decision, police need to return the cash but they could not determine to which third party claimant, Umno or Najib, it should be returned to. The money is currently held at Bank Negara Malaysia (BNM).
Jamil said the court has no power to make consequential orders on who should be getting the money.
Saifuddin insisted on obtaining a temporary stay order to maintain status quo of the seized cash, but Jamil said “there is nothing to stay”.
“Interim stay is also dismissed,” the judge said.
Umno’s lead counsel Hariharan Tara Singh told reporters later that since the forfeiture application was turned down, the money should be returned to Najib.
“It will be sorted out at the end of the day. The court should not be troubled with other issues other than the application,” he said.
Najib also told reporters he welcomed the court’s decision in refusing the forfeiture application.
“This also dispels the allegation that I misused 1MDB’s money,” he said.
