Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Bona fide third party defences (s61)
  • 2 Sept 2021

    PERANO SDN BHD

    Citation
    W-05-95-02/2020 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    W-05-95-02/2020 (Mahkamah Rayuan)

    Allowance of the UMNO Pahang appeal rested on failure of the prosecution to rebut the appellant's affidavit admissions and inability to prove on the civil standard the predicate offence (s23 MACC Act) or a traceable link between alleged misappropriations and the seized RM2,479,300.18; in the remaining eight consolidated appeals the Court affirmed the High Court: prosecution failed to prove the predicate offence or traceability, many impugned payments were spent or co-mingled with legitimate receipts and respondents established bona fide receipt, therefore forfeiture under s56 was not justifie…