Appeals Court allows MACC's appeal to forfeit property belonging to Mohd Arif

This followed yesterday's decision by a three-panel Court of Appeal judges, comprising Datuk Hanipah Farikullah, Datuk Abu Bakar Jais and Datuk Nordin Hasan, who unanimously allowed the MACC's appeal to set aside a High Court decision which allowed Mohd Arif's appeal against a Sessions Court decision in allowing the forfeiture of the money and assets by MACC.

Judge Nordin, when delivering the unanimous decision, said the court found that the money (RM540,000) and eight gold pieces worth RM1.4 million were related to offenses under the MACC Act.

"Furthermore, no third party has appeared or come forward to make any claims against the properties," he added.

The assets that were seized by MACC in 2017 comprised cash of RM544,62, cash in foreign currencies, eight gold pieces weighing 8,000 grammes, 11 branded watches, a necklace, a pearl bracelet, a handphone and a branded handbag.

On July 16 last year, the MACC failed in its bid to forfeit the money and assets that were seized from Mohd Arif Ab Rahman in 2017 after High Court judge Datuk Muhammad Jamil Hussin allowed Mohd Arif's appeal on the ground that the MACC failed to prove that the assets were used in wrongdoings under the MACC Act.

The MACC then filed an appeal in the Court of Appeal, while Mohd Arif appealed against the High Court's decision on the burden of proof for forfeiture of property cases under section 41 (1) of the MACC Act 2009.

Deputy public prosecutor Mohd Fairuz Johari, however, told the court that the MACC only proceeded with the appeal to forfeit the rights of RM540,000 and eight gold pieces.

As for the other items, Nordin ordered them to be returned to Mohd Arif.

Nordin also dismissed Mohd Arif's appeal against the High Court's decision on the burden of proof for forfeiture or property cases under section 41 (1) of the MACC Act 2009.

Also appearing for the prosecution was deputy public prosecutor Mohd Zain Ibrahim, while counsel Guok Ngek Seong represented Mohd Arif.