KUALA LUMPUR: The High Court here today allowed the government’s bid to forfeit more than RM800,000 from the Pahang MCA, on claims that the money came from 1MDB.
Judge Muhammad Jamil Hussin said the prosecution had proven its case against the party’s state chapter on balance of probability under Section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act, or Amla.
“The respondent never denied that they received RM3 million from Datuk Seri Najib Razak in March 2013, and they said it was a donation.
“They said the RM3 million had since been utilised and the RM835,258.19 that the government intended to forfeit came from other donation sources.
“However, the respondent failed to produce their bank statements to show that the money came from other donation sources,” he said.
The court also said MCA did not produce details of how they had spent the RM3 million they received from the former prime minister.
“The respondent produced a financial report but the contents were in Chinese and I could not understand it,” Jamil said.
On Pahang MCA ‘s argument that the prosecution needed to first prove its case against Najib for alleged abuse of power under Section 23 of the Malaysian Anti- Corruption Commission (MACC) Act before making the forfeiture bid, Jamil said he did not agree with the contention.
“There is no need for a conviction to be secured first before the public prosecutor can move to forfeit the money,” he added.
Lawyer Ben Chan represented Pahang MCA while deputy public prosecutor Farah Yasmin Salleh appeared for the government.
Chan said he would seek instructions from the party on whether to appeal or not.
The MACC is seeking to recover RM270 million from 41 individuals and organisations in funds allegedly channelled from Najib’s account.
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