MACC wins appeal to forfeit money and assets from former Johor exco member

JOHOR BARU: The Malaysian Anti-Corruption Commission (MACC) has succeeded in its appeal to forfeit money and assets worth more than RM6mil belonging to former Johor exco member Datuk Abd Latif Bandi, his son, daughter-in-law and a real estate consultant at the High Court here, on Sunday (Dec 19).

The assets involved 16 luxury watches, 15 luxury handbags, and 15 jewellery items in addition to the cash money with foreign currencies from Singapore, Hong Kong, Kuwait, Korea, and Japan.

Judge Datuk Abu Bakar Katar allowed the MACC's appeal, thus setting aside the Sessions Court's decision on May 27, 2019, which rejected the prosecution's application and ordered all seized property to be returned to the registered owner.

When reading out his judgement, Abu Bakar said that the decision was made after the court examined all the records of the appeal and clarified the oral and written submissions of all parties.

"The Sessions Court judge erred in his judgement when he failed to consider the application under Section 41(1) of the MACC Act, focusing on the seized properties and not the need for prosecution against the respondent.

"The court is of the view that the appellant (MACC) has proved that all the property involved was obtained from illegal proceeds, namely bribery.

"The court is also satisfied that there was no purchase in good faith with valuable consideration related to all the property involved.

"Therefore, the court allowed the appellant's appeal against all the respondents and allowed all the appellant's applications to forfeit the rights of all the property involved," he said.

The case was prosecuted by deputy public prosecutor Mahadi Abdul Jumaat, while lawyer Abd Rahim Ali represented Abd Latif, his son Ahmad Fauzan Hatim, his daughter-in-law Nur Shaliza Mohamad Salleh and real estate consultant Amir Shariffuddin Abd Raub.

Abd Rahim then applied for the forfeiture order to be suspended, to enable the defence to file an appeal of the case to the Court of Appeal.

The court then ordered the defence to submit a formal application for a stay of the forfeiture order, to allow another proceeding to be held to hear arguments.

On May 27 2019, the MACC failed in its bid to forfeit the money and assets that were seized from Abd Latif.

The court also ordered the seized assets to be returned to Abd Latif, Ahmad Fauzan Hatim, and Nur Shaliza.