KUALA LUMPUR: Datuk Seri Ismail Sabri Yaakob’s defence has described the charge against him as “peculiar”, saying it involved a similar subject matter dealt with under a separate provision of the Malaysian Anti-Corruption Commission (MACC) Act previously.
His lawyer, Datuk Amer Hamzah Arshad, said the defence would study the charge and raise certain concerns over its propriety and legality.
Ismail Sabri has been charged under Section 36 of the MACC Act 2009 with failing to comply with a notice requiring him to declare certain assets.
“Prior to this, there was an application filed by the prosecution to the MACC for those assets that are the subject matter of the current charge to be forfeited.
“Under normal circumstances, when you use that particular provision, you have decided that there shall not be any prosecution.
“And there was an affirmation, an averment by the prosecution that, upon studying the investigation papers (IP), they decided not to take any action.
“I think the fact that suddenly now there is a change of heart by the prosecution, that is something that we have to look into,” he told reporters after proceedings at the Sessions Court here on Thursday (Aug 27).
It was reported that the prosecution had previously made an application under Section 41 of the MACC Act involving the same subject matter.
Section 41 stipulates that property seized under the Act may be dealt with by the court upon an application by the prosecution, including where no prosecution is instituted in relation to the property.
Earlier, Ismail Sabri was charged under Section 36 of the MACC Act 2009 with failing to comply with a notice requiring him to declare certain assets, including RM14.7mil in cash, millions of ringgit in various foreign currencies, as well as gold bars.
Ismail Sabri, 66, who is also Bera MP, pleaded not guilty after the charge was read out before Judge Suzana Hussin.
According to the charge, Ismail Sabri is accused of intentionally providing a written statement that failed to comply with the terms of a notice issued under Section 36(1)(a) of the MACC Act 2009 (Act 694), dated Jan 7, 2025.
Meanwhile, Ismail Sabri declined to comment on the matter when approached by reporters after the hearing.
“My lawyer has given an explanation,” he said briefly, before waving to and shaking hands with several supporters who had gathered outside the court.
He then got into his MPV, which left the court shortly afterwards.
In July last year, the MACC applied to the Sessions Court to forfeit more than RM169mil seized during its investigation linked towards Ismail Sabri.
On Oct 1, the Sessions Court ordered the money to be forfeited to the government after no third party came forward to claim an interest in the funds and no objection was filed against the forfeiture application.
