The government has failed in its bid to forfeit over RM194 million seized by the Malaysian Anti-Corruption Commission (MACC) from UMNO, Wanita MCA and two companies.
This after High Court Judge the Mohamed Zaini Mazlan dismissed its application to obtain a stay of the High Court order in dismissing its application to forfeit the monies allegedly received from former Prime Minister Datuk Najib Tun Razak and linked to the 1Malaysia Development Berhad (1MDB) fraudulent fund scandal.
The judge dismissed the application after hearing the submissions from the government as the applicant, and four respondents, namely UMNO, Wanita MCA, Perano Sdn Bhd and Binsabi Sdn Bhd.
Earlier, deputy public prosecutor Samihah Ghazali in her submission, said the prosecution had applied for the monies not to be released to all respondents until its appeal was heard and came to a conclusion at the Court of Appeal.
She said this was because the monies would all be spent by the respondents to cover their operating cost and legal fees.
She said according to UMNO's affidavit in reply, RM192 million of the monies will be used to pay their operating expenditure.
"Of the total, RM59 million will be used to pay backdated salaries of their staff, programme providers, allocation for wings' movement and state UMNO liaison offices.
"If the monies were released, RM59 million will go straight to the debts from (the date their accounts were frozen on) June 25, 2018. Now that it's already 2020, I'm sure the cost is definitely higher.
"A sum on RM48 million or 25 per cent of the monies were deposited as legal fees...so, we will not be able to return to the position before it is released," she said.
Meanwhile, UMNO's lawyer Hariharan Tara Singh, submitted that in the previous judgment, there was evidence that the monies were not received from Najib or proceeds of unlawful activities.
"The prosecution does not dispute that the assets owned by UMNO exceed the value of those seized and that they are only concerned about the time it will take to liquidate the assets to recover the seized monies if they (prosecution) succeeds in their appeal.
"The account frozen was only for the operating cost and the prosecution could not prove that we would not repay it because of bankruptcy.
"If the Court of Appeal finds the monies belonged to 1MDB, we can return it and they can also put the caveat on the assets," he said.
Lawyer Datuk Ben Chan acted for Wanita MCA, while Perano Sdn Bhd was represented by Habizan Habeeb Rahman, and Binsabi Sdn Bhd, by Muhammad Hasif Hasan.
On Feb 7, Mohamed Zaini dismissed the prosecution's applications to forfeit over RM194 million seized from UMNO, Wanita MCA and the two companies on the grounds 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, while the two companies are Perano Sdn Bhd, which sells hijab, and Binsabi Sdn Bhd, which supplies tents, involving RM337,634.78 and RM827,250, respectively, which they allegedly received from the former prime minister.
-- BERNAMA
Bernama
Fri Jun 19 2020
The judge dismissed the application after hearing the submissions from the government as the applicant, and four respondents, namely UMNO, Wanita MCA, Perano Sdn Bhd and Binsabi Sdn Bhd. - 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.