KUALA LUMPUR: The government’s application to forfeit more than RM194 million from Umno, Wanita MCA and the bank accounts of two others was dismissed by the High Court today.
The monies were frozen by the Malaysian Anti-Corruption Commission for its alleged links to the 1Malaysia Development Bhd (1MDB) fraudulent money scandal.
The prosecution had filed forfeiture suits against the four entities alleging that the monies were proceeds from unlawful activities transferred from the personal bank account of Datuk Seri Najib Razak, Umno’s then-president.
Judge Mohamed Zaini Mazlan said in his findings that he had perused each of the respondents’ bank statements for the relevant period as stated in the forfeiture suits.
Concerning the application against Umno, he found that the remaining monies left in the party’s bank account as at May 13, 2019, were not linked to any money deposited by Najib.
Zaini said he also found that the withdrawals from the bank account from the time the monies were deposited justifies that it had long been spent.
“It (Umno) contended that monies deposited by Najib had long been spent and it had over a period of time saved monies from other sources.
“I’m of the view that the amount currently remaining in the respondent’s bank account cannot be said to be from or part of the amount contributed by Najib,” he said.
Zaini also made similar findings for the applications against Wanita MCA, and the two other companies; Binsabi Sdn Bhd, an event management company which supplies tents and Perano Sdn Bhd, a clothing company.
He said in gist there was nothing left from the monies banked in from Najib to the respondents' bank accounts left to be forfeited, even if it was to be assumed that the monies received were illegitimate proceeds.
“The prosecution’s application is therefore dismissed,” the judge said ordering the accounts to be released immediately.
Deputy public prosecutor Mahadi Abdul Jumaat said the prosecution would file an appeal against the decision next week.
“We are concerned that if the accounts are unfrozen, we will have no other avenue to seize the money in case we win the appeal. We are applying for a stay order,” he said.
Zaini then gave an interim order for the accounts to remain frozen until the disposal of the stay application.
He ordered the prosecution to file their appeal by next Friday.
The government had sought to forfeit RM192,965,413.61 from Umno; RM300,000 from Wanita MCA; RM827,250 from Binsabi and RM337,634.78 from Perano.
On June 21 last year, the MACC filed civil forfeiture applications against 41 people and entities, including Umno, to recover RM270 million allegedly taken from 1MDB.
Its chief commissioner, Latheefa Koya, said the funds were allegedly transferred from Najib’s personal Ambank account.