PUTRAJAYA, April 28 — A businessman has failed in his appeal to set aside a High Court decision ordering the forfeiture of RM24,460 from several of his accounts to the government.
A three-member Court of Appeal bench led by Justice Datuk Wong Kian Keong, along with Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashimi Abdul Hamid, unanimously dismissed Muhammad Ammar Shamsul’s appeal.
Delivering the court’s decision, Justice Hayatul said they were satisfied that the elements under Section 56(1) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 had been fulfilled.
The High Court’s decision to order the forfeiture of the monies based on three affidavits filed by the Deputy Public Prosecutor (DPP) and two investigating officers from the Customs Department was sufficient on the balance of probabilities to justify the order.
“We also find the appellant only filed one affidavit-in-reply without presenting any strong evidence,” she said, adding that the appellate court agreed with the High Court’s finding that the appellant merely made bare denials.
On August 13, last year, the High Court allowed the prosecution’s application to forfeit the amount from three of Ammar’s bank accounts.
The sum forfeited was RM5,201.52 from an Amanah Saham Bumiputera account, RM593.33 from an Ambank Islamic Berhad account, and RM18,664.78 from a Maybank Islamic Berhad account.
The High Court ruled that the 31-year-old had failed to prove that the monies in his bank accounts derived from legitimate sources.
The Public Prosecutor had filed a notice of motion at the High Court in Johor Bahru for forfeiture of the monies on the grounds that they were illegal proceeds of unlawful activity, namely, the trafficking of dangerous drugs.
At the proceeding today, lawyer Mohd Fazaly Ali Mohd Ghazaly represented Ammar, while DPPs Ahmad Nazneen Zulkifli and Allan Suman Pillai appeared for the prosecution.
