KUALA LUMPUR: The High Court here has dismissed an application filed by the government to forfeit RM100,000 allegedly received by Yayasan Persatuan Bekas Anggota Kemas Malaysia (PBAKM) from Datuk Seri Najib Razak eight years ago.
The monies were said to be proceeds from illegal activities involving 1Malaysia Development Bhd (1MDB).
Justice Muhammad Jamil Hussin made the ruling after finding the prosecution, as the applicant, had failed to prove whether the monies were indeed received by PBAKM from Najib either partially or wholly.
The court said the applicant failed to show which parts of the monies that came from Najib or from other sources.
In his judgment, Justice Jamil said Najib had issued a cheque dated Oct 19,2013 with the amount RM100,000 to PBAKM and the cheque was deposited into the respondent's (PBAKM) account on Oct 22 the same year.
The respondent's bank account also showed that since Najib's cheque was deposited, there had been inflow and outflow of transactions into its bank account and the lowest balance in the account was RM1,512.46 dated March 31,2016.
There were more transactions later in the account and the latest balance as of May 13, last year, was RM805,751.13.
"It is clear that the RM100,000 in question and the latest balance in the respondent's account are a mixture of money from Najib and other sources," he said here on Thursday.
PBAKM had never denied in its affidavit that it received the money from Najib but denied it came from illegal activities.
The forfeiture suit against PBAKM is part of the multiple forfeiture suits filed against 41 respondents to recover about RM270mil from 1MDB's funds, as announced by the Malaysian Anti-Corruption Commission last year.
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