Appeal to forfeit RM794,000, ASB units belonging to former Johor exco man, family dismissed

PUTRAJAYA: The Court of Appeal here today dismissed the prosecution’s appeal to forfeit RM794,900 in a Tabung Haji account belonging to former Johor state executive council member Datuk Abdul Latif Bandi and his wife.

The prosecution also failed in its appeal in the appellate court to set aside the Johor Bahru High Court’s dismissal of its application to forfeit 243,603.24 units of Amanah Saham Bumiputera under the name of his son, Ahmad Arif Sabirin Abd Latif.

The three-member bench comprising Justices Datuk Suraya Othman, Datuk Abu Bakar Jais and Datuk Che Mohd Ruzima Ghazali upheld the decision of the High Court in dismissing the prosecution’s forfeiture application against Abdul Latif and his family.

Lawyer Siti Sarah Khalil, representing Abdul Latif and his family, and deputy public prosecutor Samihah Razali confirmed the court’s decision.

Siti Sarah, who appeared with Afifuddin Ahmad Hafifi and Abdul Rahim Ali, told the media that the court agreed with their submissions that the prosecution should have filed the forfeiture application under Section 55 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUA).

Siti Sarah said she had submitted that the prosecution’s forfeiture application should be made under Section 55 of AMLATFPUA as Abdul Latif had been charged under Section 16 of the Malaysian Anti-Corruption Commission Act 2009.

She said the prosecution had applied for forfeiture under Section 56 of AMLATFPUA which did not apply to an accused person.

On Nov 25, 2018, Justice Collin Lawrence Sequerah had rejected the prosecution’s application for forfeiture of RM794,900 in Tabung Haji account belonging to Abdul Latif and Nor Karmila Md Noor and Amanah Saham Bumiputera units owned by Ahmad Arif.

On April 21, 2019, the Sessions Court in Johor Bahru had acquitted and discharged Abdul Latif with two others on 33 counts of graft and money laundering involving RM35.7 million.

It was reported that the prosecution is appealing against this decision.

On May 20, 2019, the Sessions Court in Johor Bahru also dismissed the Malaysian Anti-Corruption Commission (MACC)’s application to forfeit assets worth RM1.58 million, which among others included luxury cars and watches belonging to Abdul Latif and his family.

The matter is pending appeal at the High Court. — Bernama