PUTRAJAYA – The Court of Appeal here today dismissed the prosecution’s bid to forfeit RM794,900 in a Lembaga Tabung Haji (TH) account belonging to former Johor exco Datuk Abdul Latif Bandi and his wife.
The prosecution also failed in its appeal to set aside the Johor Baru High Court’s dismissal of its application to forfeit 243,603.24 Amanah Saham Bumiputera (ASB) units under the name of Latif’s son, Ahmad Arif Sabirin Abdul Latif.
A three-judge bench comprising Datuk Suraya Othman, Datuk Abu Bakar Jais and Datuk Che Mohd Ruzima Ghazali upheld the high court’s decision to dismiss the prosecution’s forfeiture application against Latif and his family.
Lawyer Siti Sarah Khalil, representing Latif and his family, and deputy public prosecutor Samihah Razali confirmed the court’s decision.
Siti Sarah, who appeared with counsel Afifuddin Ahmad Hafifi and Abdul Rahim Ali, told the media that the court agreed with their submissions that the prosecution should have filed the forfeiture bid under Section 55 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUA).
Siti Sarah said she submitted that the forfeiture application should be made under Section 55 as Latif had been charged under Section 16 of the Malaysian Anti-Corruption Commission Act 2009.
She said the prosecution applied for forfeiture under Section 56 of AMLATFPUA, which does not apply to an accused person.
On November 25, 2018, judge Collin Lawrence Sequerah rejected the prosecution’s application to forfeit RM794,900 in a TH account belonging to Latif and Nor Karmila Md Noor, and ASB units owned by Arif.
On April 21, 2019, the Johor Baru sessions court acquitted and discharged Latif and two others on 33 counts of graft and money laundering involving RM35.7 million.
The prosecution is reportedly appealing against the decision.
On May 20 the same year, the court dismissed MACC’s application to forfeit assets worth RM1.58 million that included luxury vehicles and watches belonging to Latif and his family.
The matter is pending appeal at the high court. – Bernama, March 24, 2021
