KUALA LUMPUR: The government today failed to seize RM100,000 from a foundation that received the money from former prime minister Najib Razak seven years ago.
High Court judge Muhammad Jamil Hussin dismissed the bid by the public prosecutor on grounds that it had failed to prove the case against Yayasan Persatuan Bekas Anggota Kemas Malaysia (PBAKM) on the balance of probability.
“The respondent (Yayasan PBAKM) never denied receiving a cheque for RM100,000 from Najib in October 2013,” he said.
“It contended it was not aware that the RM100,000 was proceeds from illegal activities. It also showed the court evidence that after receiving the cheque, there were multiple transactions in its accounts. At one point, it only had about RM1,500.”
Jamil also said the prosecution had failed to prove that the RM100,000 or part of it was still available in the foundation’s bank account up till May 19, 2019.
Deputy public prosecutor Nik Haslinie Hashim told the court a stay application on today’s decision would be submitted as soon as possible.
The foundation was represented by lawyers Mohamed Azhari Matiasin and Julita Ilhani Abd Jabbar.
The court will also hear the prosecution’s bid to forfeit RM3.38 million from Johor and Selangor Umno on July 21 and 27 respectively.
Nik Haslinie said the prosecution had published a gazette notice summoning third parties to contest the funds, allegedly from 1MDB, but that no one had come forward.
Jamil then ordered the prosecution and defence, represented by lawyers Syahrul Syazwan Salehin and R Hanita, to file their submissions within two weeks.
The Malaysian Anti-Corruption Commission (MACC) is seeking to recover RM270 million from 41 individuals and organisations in funds allegedly channelled from Najib‘s account.
MACC also issued compounds to recover RM420 million allegedly from 1MDB channelled to 80 individuals and organisations.
Fake or not? Check our quick fake news buster here.