ESSILOR MANUFACTURING (THAILAND) CO. LTD. 1. ) [Timbalan (TPR), Jabatan Peguam Negara] 2. ) ARITSARA SRIPHAN 3. ) ARIYA PHOOPANG

ESSILOR MANUFACTURING (THAILAND) CO. LTD. 1. ) [Timbalan (TPR), Jabatan Peguam Negara] 2. ) ARITSARA SRIPHAN 3. ) ARIYA PHOOPANG

High Court allowed the appeal, admitting the Thai criminal judgment as fresh evidence and finding on the balance of probabilities that EMTC was an innocent third party under section 61(4) Act 613 and that the seized funds (USD350,000 equivalent RM1,425,000) originated from EMTC; accordingly the Sessions Court forfeiture order was set aside and the seized sum must be returned to EMTC.

Citation
RA-42K-1-11/2021 (Mahkamah Tinggi)
Parties
Appellant / Third Party: Essilor Manufacturing (Thailand) Co. Ltd.; Respondent / Public Prosecutor: Pendakwa Raya; Respondent: Aritsara Sriphan; Respondent: Ariya Phoopang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2023
Case Number
RA-42K-1-11/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Concerning Asset Forfeiture Under AMLATFPUAA (act 613) / Appeal to High Court (decision on Merits)
Outcome
Appeal allowed; Sessions Court decision of 9 November 2021 set aside
Legal Topics
Innocent Third Party (section 61(4)), Admission of Fresh Evidence, Chain of Funds Tracing, Confiscation Under Section 28 L, Standard of Proof (balance of Probabilities)
Source Language
Malay/English
Criminal Law Asset Forfeiture Anti‑money Laundering Evidence and Procedure Cross‑border Enforcement Innocent Third Party (section 61(4)) Admission of Fresh Evidence Chain of Funds Tracing +2 more

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Parties

Essilor Manufacturing (Thailand) Co. Ltd.

Appellant / Third Party

Pendakwa Raya

Respondent / Public Prosecutor

Aritsara Sriphan

Respondent

Ariya Phoopang

Respondent

Procedural Posture

Criminal Appeal Concerning Asset Forfeiture Under AMLATFPUAA (act 613) / Appeal to High Court (decision on Merits)

Legal Issues

  1. 1 Whether appellant is an innocent third party under section 61(4) AMLATFPUAA
  2. 2 Whether the seized cash originated from the appellant (chain of funds)
  3. 3 Whether fresh evidence (Thai criminal judgment dated 29/12/2021) is admissible and material

Ratio Decidendi

High Court allowed the appeal, admitting the Thai criminal judgment as fresh evidence and finding on the balance of probabilities that EMTC was an innocent third party under section 61(4) Act 613 and that the seized funds (USD350,000 equivalent RM1,425,000) originated from EMTC; accordingly the Sessions Court forfeiture order was set aside and the seized sum must be returned to EMTC.

Court Disposition

Appeal allowed; Sessions Court decision of 9 November 2021 set aside

Orders

  • Allow appeal and set aside the forfeiture order of the Sessions Court dated 9 November 2021
  • Admit and take into account Thai criminal judgment dated 29/12/2021 as fresh evidence in the appeal