Gov't fails to stay decision on forfeiture suit against Jakel Trading
BERNAMA
01/10/2020 08:14 PM
KUALA LUMPUR, October 1 -- The government today failed in its bid to stay the execution of the High Court’s decision on June 9 to dismiss the prosecution’s application to forfeit RM628,314 seized from Jakel Trading.
The money was seized by the MACC for being allegedly linked to the 1MDB fund scandal.
Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh made the ruling after finding no merit in the application.
In his brief judgment, Ahmad Shahrir said the court found that the application did not meet the purpose provided under Section 311 of the Criminal Procedure Code (CPC).
"In his argument, the applicant (DPP) also applied for a stay of execution in order to maintain the status quo, because the effect of this court’s decision will result in the MACC (Malaysian Anti-Corruption Commission) having to return the confiscated money to the respondent (Jakel Trading).
"Unfortunately, Section 311 of CPC specifically provides for an application addressed to any judgment, order, conviction or sentence, rather than to the effect of a court’s decision," he said.
DPP Mahadi Abdul Jumaat appeared on behalf of the MACC, while lawyers Thevini Nayagam and Habizan Habeeb Rahman represented Jakel Trading.
When met by reporters after the proceedings, Mahadi said he would have to wait for further instructions from the Attorney-General's Chambers on whether to file an appeal against the court's decision today.
-- BERNAMA
The money was seized by the MACC for being allegedly linked to the 1MDB fund scandal.
Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh made the ruling after finding no merit in the application.
In his brief judgment, Ahmad Shahrir said the court found that the application did not meet the purpose provided under Section 311 of the Criminal Procedure Code (CPC).
"In his argument, the applicant (DPP) also applied for a stay of execution in order to maintain the status quo, because the effect of this court’s decision will result in the MACC (Malaysian Anti-Corruption Commission) having to return the confiscated money to the respondent (Jakel Trading).
"Unfortunately, Section 311 of CPC specifically provides for an application addressed to any judgment, order, conviction or sentence, rather than to the effect of a court’s decision," he said.
DPP Mahadi Abdul Jumaat appeared on behalf of the MACC, while lawyers Thevini Nayagam and Habizan Habeeb Rahman represented Jakel Trading.
When met by reporters after the proceedings, Mahadi said he would have to wait for further instructions from the Attorney-General's Chambers on whether to file an appeal against the court's decision today.
-- BERNAMA
