KUALA LUMPUR: The charge against former prime minister Datuk Seri Ismail Sabri Yaakob is “peculiar” and his lawyer says they will raise concerns following a prosecution “change of heart”.
The charge involves a matter previously dealt with under a different provision of the Malaysian Anti-Corruption Commission (MACC) Act 2009, lawyer Datuk Amer Hamzah Arshad said.
“There was an application filed by the prosecution to the MACC for the 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 there is now a change of heart by the prosecution, that is something that we have to look into,” he told reporters after Ismail Sabri was charged at the Sessions Court here yesterday.
It was reported that the previous application was made under Section 41 of the MACC Act. Section 41 allows the court to deal with property seized under the Act upon an application by the prosecution, including when no prosecution is instituted in relation to the property.
In July last year, the MACC applied to the Sessions Court to forfeit more than RM169mil seized during investigation linked to Ismail Sabri.
In October, the Sessions Court then 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 application.
Ismail Sabri, meanwhile, declined to comment when approached.
“My lawyer has given an explanation,” he said, before waving to and shaking hands with several supporters who had gathered outside the court.
The former prime minister, clad in a black suit, was accompanied by his wife Datin Seri Muhaini Zainal Abidin and sons Umno Bera Youth chief Nashriq Ismail Sabri, and singer Gadaffi Ismail Sabri.
Also seen at the court were fellow Umno member and former Youth chief Khairy Jamaluddin and Umno Subang division chief Datuk Dr Armand Azha Abu Hanifah.
Outside the court, about 50 supporters gathered as early as 7am to show their support for the Bera MP, with the crowd gradually growing to around 100.
