Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forfeiture under macc act s41

Legal area

Court

12 Mar 2020

MOHD ARIF BIN AB RAHMAN

Citation

BA-42(Ors)-5-01/2019 (Mahkamah Tinggi)
Court

Ors
Case number

BA-42(Ors)-5-01/2019 (Mahkamah Tinggi)

Section 41 MACC Act governs in rem forfeiture and, though silent on standard, must be applied with the civil standard (balance of probabilities); the claimant bears the burden to show lawful acquisition on that standard. The respondent failed to produce a sufficient documentary money‑trail or substantive evidence connecting the seized assets to offences and relied improperly on privileged s53 statements and inconsistent IO averments. Consequently the Sessions Court forfeiture order could not stand and was set aside.
10 Feb 2020

NG BOON ANN PUBLIC PROSECUTOR

Citation

WA-42[ORS]-8-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42[ORS]-8-04/2019 (Mahkamah Tinggi)

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.