PUTRAJAYA: The Court of Appeal has upheld the High Court's decision allowing the prosecution's application to forfeit a car worth RM115,000 belonging to Aida Tengah, the wife of a former Terengganu assemblyman.
A three-judge panel comprising Justices Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Ahmad Fairuz Zainal Abidin unanimously dismissed the appeal by Aida, 50, after finding that the public prosecutor, as the respondent, had fulfilled the burden of proof under Section 41(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
Aida is the wife of former Ladang assemblyman Datuk Tengku Hassan Tengku Omar, who was then the Terengganu trade, industry, regional development and wellbeing committee chairman and also the Terengganu Foundation Investment Committee chairman.
Judge Ahmad Fairuz, when reading out the decision on Tuesday (July 15), said the court agreed with the decision of the lower courts (Kuala Terengganu Sessions Court and Kuala Terengganu High Court) that the forfeiture proceeding under Section 41(1) of the MACC was 'in-rem' in nature (a lawsuit against a thing, rather than against a person).
He said the prosecution had also succeeded in proving on a prima facie basis that the car was a matter relating to the offence of criminal breach of trust under Section 409 of the Penal Code and the offence of receiving movable property under Section 165 of the same Code.
In relation to the criminal breach of trust (CBT) offence, Judge Ahmad Fairuz said it was evident that Abdul Ahad Khan, a member of Hygenia Sdn Bhd board of directors who was entrusted with RM3.8mil in investment funds, had misappropriated the funds for personal interest and used RM115,000 to purchase the car that was registered under Aida's name.
As for the offence under Section 165, he said the civil servant receiving the car was clearly the appellant's husband.
"The receipt of the car by the appellant through her husband was a valuable gift without adequate consideration, received by a civil servant from a person concerned with his official business.
"Therefore, we dismiss this appeal and uphold the forfeiture order made by the Sessions Court (Kuala Terengganu) which was upheld by the (Kuala Terengganu) High Court," said Judge Ahmad Fairuz.
On May 8, 2023, the Kuala Terengganu Sessions Court allowed the prosecution's application to forfeit the car after finding that it was the proceeds of and related to an offence under Section 409 of the Penal Code for criminal breach of trust by a public servant or agent and Section 165 of the Penal Code for a public servant obtaining valuable thing without consideration from person concerned in his official duties.
The decision was upheld by the Kuala Terengganu High Court on March 14, 2024. – Bernama
