RM100,000 belonging to former minister not released yet following prosecution's appeal

This followed the stay of execution application filed by the prosecution against the High Court’s dismissal of the MACC’s application to forfeit from Kasitah, the money which is allegedly linked to the 1Malaysian Development Berhad (1MDB) fund scandal, pending appeal against the High Court’s decision.

Deputy public prosecutor Muhammad Asraf Mohamed Tahir from the MACC said the money should be returned to the respondent (Kasitah) but the prosecution had filed for a stay of execution and appeal against the High Court’s decision.

“As long as the appeal has not been heard by the Court of Appeal, the money is held by the prosecution,” he told reporters after the case management, here, today.

The Court of Appeal had set Sept 17 for management of the appeal.

Muhammad Asraf said the prosecution had filed the application for stay of execution via a notice of motion on Aug 17.

“The lawyer has to reply to the notice on Sept 15 while the prosecution will respond on Sept 29,” he said.

Meanwhile, lawyer Sasila Basri who is representing Kasitah, said the court had set Oct 16 for case management.

On July 24, the High Court here had dismissed the MACC’s application after finding it had failed to prove that the money seized from Kasitah’s account in CIMB Bank Berhad was proceeds of unlawful activities.

In his judgment, Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh said Section 56(2)(a)(iii) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 is clear in relation to the application, that is, money liable for forfeiture must be from unlawful activities.

“The applicant (MACC) merely showed the receipt of RM100,000 in the respondent's (Kasitah) account but had failed to take the most important step to show that the money originating from former prime minister Datuk Seri Najib Tun Razak’s account was proceeds of unlawful activities,” he said.