Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Predicate offence under macc act s.23
  • 2 Sept 2021

    HATTATEX TRADING

    Citation
    W-05-117-03/2020 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    W-05-117-03/2020 (Mahkamah Rayuan)

    The Court held prosecution failed to prove on the civil standard that the monies seized were traceable proceeds of the predicate offence (s.23 MACC Act) or otherwise the subject-matter of a money laundering offence; the affidavit evidence did not establish a credible money trail from 1MDB to the seized balances and in many instances the monies were spent or co-mingled with legitimate receipts so no identifiable property remained to forfeit under s.56; bona fide recipients who received payments for value and lacked knowledge or reasonable suspicion are protected under s.61; s.59 pecuniary pena…