NG BOON ANN PUBLIC PROSECUTOR

NG BOON ANN PUBLIC PROSECUTOR

On the balance of probabilities the High Court found the sessions court was entitled to conclude the seized RM1,865,000 was obtained as a result of or in connection with corrupt conduct under the MACC Act; the investigating officers' affidavits and exhibits were admissible under s41A and not excluded as hearsay; the...

Source-derived case information.

Citation
WA-42[ORS]-8-04/2019 (Mahkamah Tinggi)
Parties
Appellant: Ng Boon Ann; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 February 2020
Case Number
WA-42[ORS]-8-04/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Forfeiture (macc Act) / Appeal From Sessions Court to High Court (judgment on Appeal)
Outcome
Appeal dismissed; forfeiture order affirmed.
Legal Topics
Forfeiture Under MACC Act S41, Admissibility of Investigating Officer Affidavits, Predicate Offence Requirement in Forfeiture Proceedings, Speaking Judgment Requirement
Anti Corruption Forfeiture/confiscation Evidence Forfeiture Under MACC Act S41 Admissibility of Investigating Officer Affidavits Predicate Offence Requirement in Forfeiture Proceedings Speaking Judgment Requirement

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Parties

Ng Boon Ann

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Forfeiture (macc Act) / Appeal From Sessions Court to High Court (judgment on Appeal)

Legal Issues

  1. 1 Whether the sessions court judgment was a speaking judgment
  2. 2 Whether the Public Prosecutor needed to establish a separate predicate offence to obtain forfeiture under s41 MACC Act
  3. 3 Whether the investigating officer's affidavit and attached bank records were admissible (hearsay/section 41A/Evidence Act)

Ratio Decidendi

On the balance of probabilities the High Court found the sessions court was entitled to conclude the seized RM1,865,000 was obtained as a result of or in connection with corrupt conduct under the MACC Act; the investigating officers' affidavits and exhibits were admissible under s41A and not excluded as hearsay; the sessions court gave adequate reasons; therefore the forfeiture order under s41(1) was properly made and is affirmed.

Court Disposition

Appeal dismissed; forfeiture order affirmed.

Orders

  • Forfeiture of RM1,865,000.00 to the Government pursuant to section 41(1) Malaysian Anti-Corruption Commission Act 2009