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.