1. SARAWAK UNITED PEOPLE'S PARTY 2. SIM KUI HIAN 3. RICHARD RIOT AK JAEM 4. SEBASTIAN TING CHIEW YEW 5. DING KUONG HING

1. SARAWAK UNITED PEOPLE'S PARTY 2. SIM KUI HIAN 3. RICHARD RIOT AK JAEM 4. SEBASTIAN TING CHIEW YEW 5. DING KUONG HING

Applicant failed to prove on the balance of probabilities that the specific seized sum of RM188,138.26 in the 1st respondent's account constituted proceeds of an unlawful activity at the time of the freezing order; although the predicate offence under section 23 MACC Act was made out against DSNR on the balance of probabilities, the necessary link to the seized funds was not established, therefore forfeiture under section 56 is not available and the application is dismissed.

Citation
WA-44-143-06/2019 (Mahkamah Tinggi)
Parties
Applicant: Public Prosecutor; 1st Respondent Political Party: Sarawak United People’s Party (No. PPM-001-13-06121959); 2nd Respondent President of 1st Respondent: Sim Kui Hian; 3rd Respondent Deputy President of 1st Respondent: Richard Riot Ak Jaem; 4th Respondent Secretary General of 1st Respondent: Sebastian Ting Chiew Yew; 5th Respondent Treasurer of 1st Respondent: Ding Kuong Hing
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 August 2020
Case Number
WA-44-143-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Forfeiture Application Under AMLATFPUAA (section 56) / Judgment on Application to Forfeit Seized Bank Funds and Related Procedural Issues
Outcome
Forfeiture application dismissed.
Legal Topics
Forfeiture, Proceeds of Unlawful Activity, Predicate Offence (section 23 MACC Act), Freezing Orders and Gazette Notice (section 61), Pecuniary Penalty (section 59)
Source Language
Malay/English
Anti Money Laundering Anti Corruption Constitutional Law Criminal Procedure Banking Law Forfeiture Proceeds of Unlawful Activity Predicate Offence (section 23 MACC Act) +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Public Prosecutor

Applicant

Sarawak United People’s Party (No. PPM-001-13-06121959)

1st Respondent Political Party

Sim Kui Hian

2nd Respondent President of 1st Respondent

Richard Riot Ak Jaem

3rd Respondent Deputy President of 1st Respondent

Sebastian Ting Chiew Yew

4th Respondent Secretary General of 1st Respondent

Ding Kuong Hing

5th Respondent Treasurer of 1st Respondent

Procedural Posture

Criminal Forfeiture Application Under AMLATFPUAA (section 56) / Judgment on Application to Forfeit Seized Bank Funds and Related Procedural Issues

Legal Issues

  1. 1 Whether the seized RM188,138.26 are proceeds of an unlawful activity under section 56(1)(c) AMLATFPUAA
  2. 2 Whether the predicate offence under section 23 MACC Act 2009 was established on the balance of probabilities
  3. 3 Whether mandatory Gazette publication under section 61(2) was complied with

Ratio Decidendi

Applicant failed to prove on the balance of probabilities that the specific seized sum of RM188,138.26 in the 1st respondent's account constituted proceeds of an unlawful activity at the time of the freezing order; although the predicate offence under section 23 MACC Act was made out against DSNR on the balance of probabilities, the necessary link to the seized funds was not established, therefore forfeiture under section 56 is not available and the application is dismissed.

Court Disposition

Forfeiture application dismissed.

Orders

  • Dismissed prayer (a) for forfeiture of RM188,138.26 in Hong Leong Bank Account No. 01600203488 under section 56 AMLATFPUAA
  • Confirmed mandatory publication of third party notice in Gazette (P.U.(B) 13535/2019) had been complied with