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KUALA LUMPUR – The appellate court has thrown out a challenge filed by 34 individuals to again strike out their Malaysian Anti-Corruption Commission compound notices over allegations of receiving 1Malaysia Development Bhd (1MDB) funds.
Among the individuals are Pontian MP Datuk Seri Ahmad Maslan, former Johor Baru MP Tan Sri Shahrir Abdul Samad and Umno Supreme Council member Mohd Sumali Reduan, reported Free Malaysia Today.
The three-member Court of Appeal bench chaired by Datuk Suraya Othman in its dismissal said the public prosecutor must consent before the MACC makes an offer of compound under Section 92(1) of the Anti-Money Laundering and Anti-Terrorism Financing Act.
She added that no prosecution can be initiated if they accept the notices, but if they reject the notices, then the public prosecutor may choose to prosecute.
“In the present appeal, no charges have been preferred against them. At this juncture, we are of the view that it is premature for them to challenge the power of the public prosecutor in exercising his discretion to authorise the MACC to issue the compound notices,” she was quoted as saying.
High court judge Nordin Hassan had on February 26 last year, thrown out the first leave application, calling it frivolous, vexatious and an abuse of the court process.
They also sought to cancel the decision and action of then MACC chief Latheefa Koya in compounding them, apart from applying for an order to prevent the MACC from enforcing the compound or continuing its prosecution against them.
Latheefa had said in a press conference that the MACC had issued compound notices to 80 individuals and entities for allegedly receiving RM420 million from 1MDB.
She said nine individuals and 71 entities, comprising 23 companies, 43 political organisations and five foundations, received cheques involving the personal account of former prime minister Datuk Seri Najib Razak. – The Vibes, October 15, 2021
