KASITAH BIN GADDAM (NRIC NO. 471018-12-5049)

KASITAH BIN GADDAM (NRIC NO. 471018-12-5049)

Court found on the balance of probabilities that the predicate offence (s23 MACC Act 2009) and that DSNR's First Account contained proceeds of unlawful activity, and that statutory freezing and publication conditions were satisfied; however the applicant failed to prove that the specific RM100,000 seized in the respondent's CIMB account was the identical proceeds of that unlawful activity and the respondent was found to be a purchaser in good faith for valuable consideration; therefore forfeiture under s56 not ordered and the application dismissed.

Citation
WA-44-112-06/2019 (Mahkamah Tinggi)
Parties
Applicant: Public Prosecutor; Respondent: Kasitah bin Gaddam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 July 2020
Case Number
WA-44-112-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Application for Forfeiture Under AMLATFPUAA / High Court Judgment (decision on S56 Application)
Outcome
Application under section 56(1) dismissed; forfeiture of RM100,000 not ordered
Legal Topics
Forfeiture Under S56 AMLATFPUAA, Predicate Offence (s23 MACC Act), Proceeds of Unlawful Activity, Third Party Notice, Pecuniary Penalty
Source Language
Malay/English
Anti‑money Laundering Corruption Asset Forfeiture Criminal Procedure Forfeiture Under S56 AMLATFPUAA Predicate Offence (s23 MACC Act) Proceeds of Unlawful Activity Third Party Notice +1 more

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Parties

Public Prosecutor

Applicant

Kasitah bin Gaddam

Respondent

Procedural Posture

Criminal Application for Forfeiture Under AMLATFPUAA / High Court Judgment (decision on S56 Application)

Legal Issues

  1. 1 Whether the predicate offence (s23 MACC Act 2009) was proved on the balance of probabilities
  2. 2 Whether monies in DSNR's First Account are proceeds of an unlawful activity
  3. 3 Whether the RM100,000 in respondent's CIMB account is the same proceeds and liable for forfeiture under s56(2)(a)(iii)

Ratio Decidendi

Court found on the balance of probabilities that the predicate offence (s23 MACC Act 2009) and that DSNR's First Account contained proceeds of unlawful activity, and that statutory freezing and publication conditions were satisfied; however the applicant failed to prove that the specific RM100,000 seized in the respondent's CIMB account was the identical proceeds of that unlawful activity and the respondent was found to be a purchaser in good faith for valuable consideration; therefore forfeiture under s56 not ordered and the application dismissed.

Court Disposition

Application under section 56(1) dismissed; forfeiture of RM100,000 not ordered

Orders

  • Application under section 56(1) of the AMLATFPUAA is dismissed
  • No order for forfeiture of RM100,000.00 and its accruals in CIMB account No. 8005593741