12 Oct 2020
PUBLIC PROSECUTOR 1. ) TAN TIONG ANN 2. ) SAIFON KITTIKHUNSINGKHORN
- Citation
- AA-44-25-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-44-25-04/2019 (Mahkamah Tinggi)
The prosecution failed to prove on the balance of probabilities that the Savings Account funds were proceeds of unlawful activity. The respondent's explanations and s32 statement provided a probable, persuasive source (proceeds from prior lawful business and sale of fittings). Mixed statements must be assessed holistically and the exculpatory explanations here were sufficient to defeat the forfeiture claim; therefore the freezing order must be uplifted and funds released to R2.