The prosecution once again failed to obtain a stay order against the High Court's dismissal of its application to forfeit over RM194 million seized by the Malaysian Anti-Corruption Commission (MACC) from UMNO, Wanita MCA and two companies.
The prosecution had sought for a stay order against the High Court's decision made on Feb 17, this year pending hearing of its appeal which is fixed for Aug 25 at the Court of Appeal.
A Court of Appeal three-member bench led by Justice Datuk Yaacob Md Sam which heard the stay applications today held that the prosecution failed to show to the court that there were special circumstances to enable the court to invoke its discretionary power to grant the stay.
He said the prosecution's concern that if the stay was not granted and if the appellate court allowed its appeal, the appeal would be nugatory and futile, so could not form a case of special circumstances.
"There are case authorities stating that special circumstances must be very special and not ordinary special circumstances," said Justice Yaacob in dismissing the prosecution's four stay applications.
The other two judges presiding on the bench were Datuk Hadhariah Syed Ismail and High Court judge Datuk Nordin Hassan.
A Kuala Lumpur High Court, on Feb 7, this year dismissed the prosecution’s applications to forfeit over RM194 million seized from UMNO, Wanita MCA, Perano Sdn Bhd and Binsabi Sdn Bhd, allegedly received from former prime minister Datuk Seri Najib Tun Razak and linked to the 1Malaysia Development Berhad (IMDB) fraudulent fund scandal.
High Court judge Mohamed Zaini Mazlan held that the monies could not be convincingly said were received from Najib and that there was no evidence to prove that the monies came from unlawful activities.
The forfeiture applications against UMNO involved RM192,965,413.61 and RM300,000 against Wanita MCA.
Meanwhile, for Perano, a company which sells hijab, and Binsabi Sdn Bhd, which supplies tents, the sums involved were RM337,634.78 and RM827,250, respectively, which they allegedly received from Najib.
On June 19, this year, the High Court dismissed the prosecution's stay application against the High Court's Feb 7 decision pending appeal at the Court of Appeal.
In today's proceedings, MACC deputy public prosecutor Roslan Mat Nor submitted that there were special circumstances to grant the stay because if the stay order was not granted, the High Court's order would be enforced and the monies would have to be released to the respondents.
UMNO’s lawyer, Datuk Hariharan Tara Singh submitted that the prosecution's fear it could not recover the monies if stay was not granted was unfounded as UMNO was solvent.
Lawyer Datuk Ben Chan, representing Wanita MCA, argued that the amount involved in his client's case was very small, adding that Wanita MCA had more than sufficient assets and was in a stable financial position.
Lawyer N. Thevini appeared for Perano while Binsabi was represented by counsel Muhammad Hasif Hasan.
After the court proceedings, Hariharan told the media that following the court’s decision today, he would write to CIMB Bank Bhd to unfreeze UMNO’s account, which had been frozen since May 28, 2018.
-- BERNAMA
Bernama
Fri Jul 03 2020
The prosecution had sought for a stay order against the High Court's decision made on Feb 17, this year pending hearing of its appeal which is fixed for Aug 25 at the Court of Appeal. - FILEpic
Who is Prabowo Subianto, incoming president of Indonesia?
A wealthy ex-general with ties to Indonesia's popular outgoing president and its dictatorial past, looks set to be its next leader.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.