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SHAH ALAM - The High Court here today dismissed the prosecution's application to forfeit funds amounting to RM21 million, including foreign currency totaling USD139,650.68, which had been frozen under the name of the company Aman Palestin Berhad (Aman Palestin).
The forfeiture application also involved a one-kilogramme gold bar that was previously seized.
Judge Datuk Seri Latifah Mohd Tahar, who is now a Court of Appeal Judge, made the decision after examining and listening to the written and oral submissions from both the prosecution and the respondent, Aman Palestin.
The prosecution, acting as the applicant, had previously applied for a forfeiture order for 12 bank accounts on Nov 15, 2024, under Subsection 56(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA) or Act 613.
However, Judge Latifah stated in her judgment today that the applicant failed to prove that the money in all the accounts and the gold bar in question were the subject matter of an offence or proceeds of unlawful activities.
According to her, the court is of the view that if there were indeed misappropriation and breaches of fiduciary duty committed by the company's directors when the money was withdrawn for investments, the legal liability lies with the individuals and should not involve the respondent.
"In conclusion, the court finds that the applicant failed to prove that the money found in the respondent's bank accounts, as well as the purchase of the gold bar, constituted wrongful acts under Section 4(1) of AMLATFPUAA or proceeds from unlawful activities, and could not be linked to offences under Sections 403 and 420 of the Penal Code," she said.
The prosecution, represented by Deputy Public Prosecutor Farah Ezlin Yusop Khan, nevertheless applied for a stay of execution of the court order pending an appeal.
Aman Palestin was represented by lawyers Datuk Hisyam Teh Pok Teik and Datuk Zamani Ibrahim.
On Feb 15, 2024, three individuals, including the then-Executive Chairman and Chief Executive Officer of Aman Palestin, were brought before the Shah Alam Sessions Court to face 164 charges of criminal breach of trust, cheating, and money laundering involving tens of millions of ringgit in funds belonging to the organisation between 2018 and 2023.
Abdullah Zaik Abdul Rahman, 60, Awang Suffian Awang Piut, 54, and investment company director Khairudin Mohd Ali, 51, however, pleaded not guilty after the charges were read before Judge Datuk Anita Harun. - BERNAMA
