PUTRAJAYA: The Court of Appeal today upheld the decision of the High Court in allowing the prosecution to forfeit assets worth more than RM3.2 million belonging to former Johor executive council member Datuk Abdul Latif Bandi and eight others.
A three-judge panel comprising Datuk Ahmad Zaidi Ibrahim, Datuk Mohamed Zaini Mazlan and Datuk Azmi Ariffin dismissed the appeals by Abdul Latif and eight others after ruling that their appeals did not have merits.
The eight appellants were Abdul Latif’s son Mohd Fauzan Hatim and daughter-in-law, two companies - Wash N Chill Enterprise, Alaf Pentawaris Sdn Bhd - real estate consultant Amir Shariffuddin Abd Raub, Mazita Mahmod and Hartini Jalani.
In delivering the court’s decision, Justice Ahmad Zaidi said the appellants failed to prove that the High Court erred in its findings on the issues raised by their lawyers. He maintained the decision of the High Court.
The Sessions Court, on May 27, 2019, had dismissed the prosecution’s forfeiture application and ordered the seized properties to be returned to the owners.
On Dec 19, 2021, the High Court overturned the Sessions Court’s decision. The High Court ordered for the assets belonging to the appellants to be forfeited after it ruled that the prosecution had proven that all the properties involved were obtained from illegal proceeds.
The assets included 20 luxury vehicles, including Mercedes Benz G63 AMG, Bentley Continental GT Coupe, Land Rover Proversport, Nissan Skyline, Toyota Vellfire, Honda HRV and a Harley Davidson motorcycle. Others are 36 branded watches, 32 branded handbags, 14 pieces of jewellery and cash in Malaysian, Singapore, Hong Kong, Kuwait, Korean and Japanese currencies.
Abdul Latif, his son and Amir Shariffudin were acquitted and discharged by the Sessions Court in Johor in 2022 on corruption and money laundering charges. Last year, the High Court upheld the trio’s acquittal.
The prosecution withdrew its appeal against the acquittal of Abdul Latif but continued proceedings against Mohd Fauzan and Amir Shariffudin.
In today’s proceedings, the appellants were represented by lawyer Siti Sarah Khalil while deputy public prosecutor Norzilati Izhani Zainal@Zainol.
Meanwhile, the same panel of judges earlier dismissed the prosecution’s appeal to forfeit assets from six respondents including Low Taek Jho’s (Jho Low) sister Low May Lin, which the prosecution alleged to be proceeds from 1Malaysia Development Bhd (IMDB).
Justice Ahmad Zaidi held that there was no evidence of a money trail to connect the seized properties in this case.
The prosecution sought to forfeit properties from Casa Rialto Sdn Bhd, Low, STH Motor Sdn Bhd, Sempadan Seloka Sdn Bhd, Penas Health Care Sdn Bhd and Ooi Chin Choo.
The government had sought to forfeit assets belonging to Casa Rialto, namely an office unit located in UOA Centre in Jalan Pinang, Kuala Lumpur and a condominium unit belonging to Low in 3 Kia Peng in Kuala Lumpur, two Toyota Alphards owned by STH Motor Sdn Bhd, monies in a sum of RM211, 607.60 and interest from the current account belonging to Sempadan Seloka.
The government also wanted to forfeit RM168,758.65 and interest from Penas Health Care’s current account as well as RM125,461.95 cash and 26 bottles of alcoholic beverages from Ooi.
In Aug 2022, The High Court dismissed the government’s forfeiture application.
Deputy public prosecutors K. Mangai and P. Sarulatha appeared for the government, while lawyer M. Puravelan and M. Moganasundari represented Casa Rialto and Low; Phang Soon Mun and Darren Ee Kin Chung for STH Motor; Tan Yong Fun for Sempadan Seloka and Penas Health Care; and Lavinia Kumaraendran for Ooi.
