THE Kuala Lumpur High Court today allowed the Malaysian Anti-Corruption Commission to forfeit RM835,258.19 that was seized from Pahang MCA last year.

Justice Muhammad Jamil Hussin ruled that the prosecution has proven, on the balance of probabilities, that the monies taken from the party’s bank account originated from illegal activities.

The sum was part of a RM3 million donation from then prime minister Najib Razak in 2013.

“There is no need for (Najib’s) conviction to be obtained first,” said Jamil, adding that MACC has the authority to act under Section 4 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Najib faces 42 criminal charges spread over five trials, three of which are ongoing. The cases are linked to state-owned sovereign wealth fund 1Malaysia Development Bhd.

The high court is expected to deliver its verdict on the SRC International Sdn Bhd case, in which Najib faces seven charges, on July 28.

The 67-year-old Pekan MP can be jailed up to 20 years upon conviction.

MCA had argued that MACC must first prove a predicate offence by Najib, and as such, he should be found guilty of power abuse before the anti-graft agency was allowed to forfeit the seized funds.

The judge dismissed this as an unnecessary requirement.

Unlike criminal cases, where prosecutors are required to provide proof beyond reasonable doubt, civil suit applicants need only prove their case on the balance of probabilities.

Lawyer Ben Chan, representing MCA, said he will consult his client on whether to appeal today’s decision.

Deputy public prosecutor Farah Yasmin Salleh acted on behalf of MACC.

The agency last year filed civil forfeiture suits against 41 respondents in a bid to recover RM270 million in 1MDB-linked funds. – July 8, 2020.