Govt fails in bid to stay order to return RM600,000 to Jakel

The High Court had on June 9 dismissed the forfeiture application filed against Jakel Trading on grounds that the government failed to prove their case.

KUALA LUMPUR: The government has to return over RM600,000 seized from textile company, Jakel Trading over allegations the company had received funds linked to 1MDB.

High Court judicial commissioner Ahmad Shahrir Mohd Salleh dismissed the prosecution’s bid to stay his earlier decision on June 9 that denied them from forfeiting RM628,314 from the company.

Shahrir said that the court found that the prosecution’s application, filed under Section 311 of the Criminal Procedure Code (CPC), does not warrant a stay to be granted against a court order.

“Section 311 specifically said that a stay application can be allowed on conviction or sentences, pending an appeal,” Shahrir said, adding this stay bid was devoid of merits.

The court previously dismissed the forfeiture application file against Jakel Trading on grounds that the government failed to prove their case.

Deputy public prosecutor Mahadi Abdul Jumaat told the court earlier that they sought to stay the June 9 decision as the prosecution has filed an appeal against the dismissal.

“Because of the dismissal, MACC (Malaysian Anti-Corruption Commission) has to return the money kept in the Maybank current account to Jakel as we have no reason to further freeze the money.

“We are relying on Section 311 to stay any execution of the court’s order on June 9,” he added.

Jakel Trading’s lawyer Thevini Nayagam said that Section 311 only applies to conviction and sentences meted out by the court, not a court order.

“They cannot rely on this provision to stay the court’s order that dismisses their forfeiture application,” she said.

MACC is seeking to recover RM270 million from 41 individuals and organisations that were alleged to have received funds from former prime minister Najib Razak‘s account.

They also issued compounds to recover RM420 million of alleged 1MDB money that was channelled to 80 individuals and organisations.