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KUALA LUMPUR: The government has to return more than RM600,000 seized from the textile company Jakel Trading on allegations that the company had received funds linked to 1MDB.
High Court Judicial Commissioner Ahmad Shahrir Mohd Salleh rejected the prosecution’s offer to suspend their earlier decision on June 9 that denied them the possibility of losing RM 628,314 from the company.
Shahrir said the court determined that the prosecution’s request, filed under Section 311 of the Criminal Procedure Code (CPC), does not justify the suspension of a court order.
“Section 311 specifically said that a request for suspension with conviction or convictions may be allowed, pending appeal,” Shahrir said, adding that this offer of suspension is without merit.
The court previously dismissed the forfeiture application file against Jakel Trading because the government was unable to prove its case.
Deputy Prosecutor Mahadi Abdul Jumaat told the court earlier that they tried to stay the June 9 decision, as the prosecution has filed an appeal against the dismissal.
“Due to the dismissal, MACC (Malaysian Anti-Corruption Commission) has to return the money kept in Maybank’s checking account to Jakel as we have no reason to freeze it further.
“We rely on Section 311 to stay any enforcement of the court order on June 9,” he added.
Jakel Trading’s attorney, Thevini Nayagam, said Section 311 only applies to convictions and sentences passed by the court, not to a court order.
“They cannot rely on this provision to suspend the court order dismissing their request for forfeiture,” he said.
MACC is trying to recover RM270 million from 41 individuals and organizations that allegedly received funds from former Prime Minister Najib Razak’s account.
They also issued compounds to recover RM420 million of the alleged 1MDB money that was channeled to 80 individuals and organizations.
