THE Malaysian Anti-Corruption Commission (MACC) has failed in its bid to have Pekan Umno forfeit RM700,000 allegedly linked to the 1Malaysia Development Bhd (1MDB) scandal that was seized.

This followed a decision by high court judicial commissioner Ahmad Shahrir Mohd Salleh in dismissing the MACC’s forfeiture application against Pekan UMNO, which was named as the first respondent alongside 40 other respondents today.

In his judgment, Shahrir said the court found that, on the balance of probabilities, the applicant (MACC) failed to provide the requirements under Section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) to have the RM700,000 in the first respondent’s (Pekan Umno’s) account forfeited.

“Forfeiture proceedings require strict adherence to the law as it touches on the constitutional guarantee under Article 13 of the federal constitution.

“Nothing less will suffice. In the circumstances, I hereby dismiss the application,” he said.

He added that in all probability, if the court were to accept the applicant’s position that the funds, which was seized on June 25, 2018, were the proceeds of unlawful activity, the fact that Pekan Umno’s account balance was only slightly more than RM10,000 as at January 31, 2017, negates such a supposition.

“Furthermore, the applicant made no attempt to traverse this specific averment by the respondents and I am constrained to find that the applicant had thereby admitted to such facts.

“Thus, I find that the applicant has failed to prove on the balance of probabilities that the seized sum of RM700,000 are the proceeds of unlawful activity,” he said.

The MACC’s deputy public prosecutor Abdul Rashid Sulaiman later said his team will file an appeal over today’s decision.

Counsel M. Reza Hassan, meanwhile, acted for Pekan Umno. – Bernama, September 17, 2020.