KUALA LUMPUR MAY 20: High Court judge Datuk Muhammad Jamil Hussin ruled that the Attorney General’s Chambers (AGC) has failed to prove that RM114 million in cash was originated from 1Malaysia Development Bhd. (1MDB) or funds obtained from a criminal breach of trust (CBT) offence.
However, the judge did not rule on the release of monies that is kept in Bank Negara Malaysia and this has caused confusion to both parties.
With this decision, the government has failed to forfeit RM114 million during a police raid at the Pavillion Residences in 2018 after Barisan Nasional (BN) government with Prime Minister Datuk Seri Najib Tun Razak lost in the 14th General Election.
In the decision Judge Muhammad Jamil said, the investigation officer had failed to establish a money trail to prove that the cash was originated from unlawful activities.
“The investigating officer not only failed to identify the person who had power to control 1MDB Funds but also there was no evidence to show RM114 million were converted into foreign currencies.
“The witnesses did not say anything about converting the monies to foreign currencies but only spent the cash they received,” he said.
Meanwhile, the Deputy Public Prosecutor, Mohd. Saifuddin Hashim Musaimi then applied for a stay of execution pending their written appeal.
Mohd. Saifuddin said, the court need to determine other issues concerning the cash as the case involved two, third party claimants.
However, Muhammad Jamil said, the court has no power to make consequential orders for the release of the monies as he already dismissed the forfeiture’s application.
Saifuddin then insisted for a stay of order as the police need to determine the recipient of the cash.
Muhammad Jamil then stood with his decision that the court has no need to issue any direction before he dismissed the stay of execution.
Najib’s counsel, Tan Sri Muhmmad Shafee Abdullah said, they would write a letter asking the government to release the monies as soon as possible.
“We will ask them to return the money within 24 hours to our client,” he said at a press conference.
At the press conference, Najib said, the decision was a victory to him to clear his name and reputation.
“Today it is proven that their malicious and slanderous allegations against me are false,” he said.
Najib later said in his Facebook, ” Thanks to my attorney who helped.
“And I really appreciate the prayers of the brothers and sisters for me all this time.”
The government wanted to forfeit RM114, 164,393.14 in cash and jewellery and high end fashion items seized from the premises owned by Obyu Holdings Sdn. Bhd.
The prosecution alleged the money and items seized were linked to 1MDB and also alleged Najib had received a total of RM2.973 billion that was said to be 1MDB’s money from 2011 until 2013 and the money seized from the condo was part of the illicit funds.
In the raid, the police also collected 12,000 pieces of jewellery, valuable watches and expensive handbags. –Malaysia World News
