3 Jan 2018
1. SIMPLEX SDN BHD. 2. LIM CHEE SON @ LIM CHEE SON 3. SIEW LAI LING 4. HUA KIA PAH PUBLIC PROSECUTOR
- Citation
- W-09-15-01/2017 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- W-09-15-01/2017 (Mahkamah Rayuan)
The Court held the Respondent failed to prove a causal nexus between the alleged predicate offence under s135(1)(g) Customs Act 1967 (Jan 2010–Dec 2011) and the seized funds; appellants produced unchallenged documentary evidence that the seized funds originated from a 2.5.2014 sale of non‑dutiable goods and the partial release of funds (RM55,000) further undermined the forfeiture claim. On the correct standards (predicate offence beyond reasonable doubt where required; forfeiture on balance of probabilities), forfeiture under s56 Act 613 was not justified and the High Court order was set asid…