Stay order bid in forfeiture suit dismissed again

PUTRAJAYA: The prosecution once again failed to obtain a stay order against the High Court’s dismissal of its application to forfeit over RM194mil seized by the Malaysian AntiCorruption Commission (MACC) from Umno, Wanita MCA and two companies.

The prosecution had sought for a stay order against the High Court’s decision made on Feb 17 this year, pending hearing of its appeal which is fixed for Aug 25.

A Court of Appeal three-member bench led by Justice Yaacob Md Sam, which heard the stay applications, held that the prosecution failed to show to the court that there were special circumstances to enable the court to invoke its discretionary power to grant the stay.

He said the prosecution’s concern that if the stay was not granted and if the appellate court allowed its appeal, the appeal would be nugatory and futile, so could not form a case of special circumstances.

“There are case authorities stating that special circumstances must be very special and not ordinary special circumstances,” said Justice Yaacob in dismissing the prosecution’s four stay applications.

The other two judges presiding on the bench were Justices Hadhariah Syed Ismail and Nordin Hassan.

A Kuala Lumpur High Court on Feb 7 dismissed the prosecution’s applications to forfeit over RM194mil seized from Umno, Wanita MCA, Perano Sdn Bhd and Binsabi Sdn Bhd, allegedly received from former prime minister Datuk Seri Najib Razak and linked to the 1Malaysia Development Bhd (1MDB) fraudulent fund scandal.

High Court judge Justice Mohamed Zaini Mazlan held that the monies could not be convincingly said were received from Najib and that there was no evidence to prove that the monies came from unlawful activities.

The forfeiture applications against Umno involved RM192,965,413.61 and RM300,000 against Wanita MCA.

Meanwhile, for Perano, which sells hijab, and Binsabi, which supplies tents, the sums involved were RM337,634.78 and RM827,250, respectively, which they allegedly received from Najib.

On June 19, the High Court dismissed the prosecution’s stay application against the Feb 7 decision pending appeal.

In yesterday’s proceedings, MACC deputy public prosecutor Roslan Mat Nor submitted that there were special circumstances to grant the stay because if the stay order was not granted, the High Court’s order would be enforced and the monies would have to be released to the respondents.