PUTRAJAYA, July 15 — The Court of Appeal has upheld the High Court's decision allowing the prosecution's application to forfeit a Proton X70 car worth RM115,000 belonging to Aida Tengah, the wife of former Terengganu state assemblyman Datuk Tengku Hassan Tengku Omar.
A three-judge panel comprising Justices Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah, and Datuk Ahmad Fairuz Zainal Abidin unanimously dismissed the appeal by Aida, 50, after finding that the public prosecutor, as the respondent, had fulfilled the burden of proof under Section 41(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
Her husband was also formerly Terengganu's Trade, Industry, Regional Development and Wellbeing Committee chairman and the Terengganu Foundation Investment Committee chairman.
When reading out the decision today, Judge Fairuz said the court agreed with the decision of the lower courts (the Kuala Terengganu Sessions Court and the Kuala Terengganu High Court) that the forfeiture proceeding under Section 41(1) of the MACC was 'in-rem' in nature (a lawsuit against a thing, rather than against a person.
The prosecution had also succeeded in proving on a prima facie basis that the car was a matter relating to the offence of criminal breach of trust under Section 409 of the Penal Code and the offence of receiving movable property under Section 165 of the same code.
Concerning the criminal breach of trust (CBT) offence, he said it was evident that Abdul Ahad Khan, a member of Hygenia Sdn Bhd Board of Directors who was entrusted with RM3.8 million in investment funds, had misappropriated the funds for personal interest and used RM115,000 to purchase the car that was registered under Aida’s name.
As for the offence under Section 165, the civil servant receiving the was clearly the appellant's (Aida) husband.
"The receipt of the car by the appellant through her husband was a valuable gift without adequate consideration, received by a civil servant from a person concerned with his official business.
"Therefore, we dismiss this appeal and uphold the forfeiture order made by the Sessions Court (Kuala Terengganu), which was upheld by the (Kuala Terengganu) High Court," said Judge Fairuz.
On May 8, 2023, the Kuala Terengganu Sessions Court allowed the prosecution's application to forfeit the Proton X70 car after finding that it was the proceeds of and related to an offence under Section 409 of the Penal Code for criminal breach of trust by a public servant or agent and Section 165 of the Penal Code for a public servant obtaining valuable thing without consideration from person concerned in his official duties.
The Kuala Terengganu High Court upheld the decision on March 14 last year.
At the proceeding today, Deputy Public Prosecutors Farah Yasmin Salleh and Muhammad Asraf Mohamad Tahir appeared for the prosecution, while lawyer Awang Armadajaya Awang Mahmud represented Aida.
— Bernama
