PUTRAJAYA: The Court of Appeal has upheld the forfeiture of a Proton X70 worth RM115,000 belonging to Aida Tengah, wife of former Terengganu assemblyman Datuk Tengku Hassan Tengku Omar.
A three-judge panel unanimously dismissed her appeal, ruling that the prosecution had proven the car was linked to corruption offences.
The panel, comprising Justices Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah, and Datuk Ahmad Fairuz Zainal Abidin, agreed with earlier court decisions that the forfeiture was justified under Section 41(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
Justice Ahmad Fairuz stated that the case was an ‘in-rem’ proceeding, meaning the lawsuit targeted the asset rather than the individual.
The court found that the car was purchased using funds misappropriated by Abdul Ahad Khan, a board member of Hygenia Sdn Bhd, who was entrusted with RM3.8 million in investment funds.
The RM115,000 used to buy the vehicle was part of the misused money.
Additionally, the court ruled that Aida’s husband, as a public servant, had received the car as a gift without proper justification under Section 165 of the Penal Code.
The Kuala Terengganu Sessions Court initially ordered the forfeiture on May 8, 2023, a decision later upheld by the High Court on March 14 last year.
Today’s ruling solidifies the forfeiture, marking the end of Aida’s legal challenge.
Deputy public prosecutors Farah Yasmin Salleh and Muhammad Asraf Mohamad Tahir represented the prosecution, while lawyer Awang Armadajaya Awang Mahmud acted for Aida. – Bernama
