27 Nov 2020
PENDAKWARAYA Pn. Norzilati Izhani binti Zainal @ Zainol (Jabatan Peguam Negara) Encik Hamidi bin Mohd Noh (Tetuan Syahrul & Hamid)
- Citation
- 42(R)(A)-1-03/2018 (Mahkamah Tinggi)
- Court
- R
- Case number
- 42(R)(A)-1-03/2018 (Mahkamah Tinggi)
The High Court allowed the appeal because the prosecution failed to prove the essential ingredient that the appellant had acquired a legal or at least equitable interest in the charged properties: the transactions were executory with no full payment or registrable transfer instruments, thus no vested interest capable of being 'accepted' under s165; consequently the presumption under s50(3) MACC Act did not arise and the convictions could not stand.