PUTRAJAYA (March 26): The Court of Appeal (COA) has upheld on Wednesday the forfeiture of RM3.2 million worth of luxury cars, jewellery, handbags, watches, and foreign and local currency, worth more than RM3.2 million, from former Johor executive council member Datuk Abd Latif Bandi and eight others.

This follows a three-member appellate bench dismissing a review by real estate agent Amir Shariffuddin Abd Raub and his family members, while Abd Latif and his son Mohd Fauzan Hatim Abd Latif withdrew their application for review over the forfeiture.

Judge Datuk Hashim Hamzah, in delivering his decision, said the COA would only review a decision made by the previous bench, if there existed exceptional circumstances such as a breach of natural justice, or a failure of the bench’s quorum.

“This court found that there is no merit in the applicant’s review application. Should this court grant a review, it would be against public policy to ensure a finality of the case. Following this, the court dismisses the review, and the decision of the earlier panel is upheld,” said Hashim, who sat with judges Datuk Wong Kian Kheong and Datuk Noorin Badaruddin.

Amir Shariffuddin, along with his family members, is appealing against the forfeiture decision upheld by the appellate court on July 17 last year.

This follows a disclosure by Amir Shariffuddin’s counsel Abd Rahim Ali that the Malaysian Anti-Corruption Commission (MACC) had accepted the representation from Abd Latif and his son Fauzan, and was withdrawing its (the prosecution’s) appeal against their acquittal of abetment in graft charges against them.

However, Abd Rahim said the MACC had dismissed his client’s representation to halt the prosecution’s appeal.

He said that he was only informed over the MACC’s decision on Monday.

The lawyer said Abd Latif and his son have also agreed to withdraw their stay application over the forfeiture of the assets, and also this review application.

Abd Rahim had earlier applied for an adjournment to Wednesday’s review hearing before the bench, to seek further time to discuss the matter with his clients over the review application, but this was objected to by the prosecution, led by deputy public prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin.

As a result, Hashim and the two other judges decided to proceed in hearing the review.

In the purported graft for which they had been charged and acquitted, Abd Latif and Amir Shariffuddin were alleged to have received gratification from developers, following the release of Bumiputera-quota houses, for which the developers were supposed to pay or contribute 7.5% of the sale of the houses to the Johor Bumiputera Property Fund. 

Abd Rahim wanted the bench to review the forfeiture, as he claimed there was a breach to his clients’ rights, which saw their acquittal being appealed against by the prosecution before the COA, while Abd Latif and Fauzan’s representation was received.

The lawyer claimed that there is no money trail to show an offence of gratification to support the prosecution’s contention that these assets seized were from ill-gotten gains, and this had resulted in his client’s acquittal.

He added that the Sessions Court had not allowed the forfeiture, while, on appeal at the High Court, the High Court had allowed MACC’s appeal to reverse the lower court’s decision to allow the valuables to be forfeited, and the appellate bench had also upheld the High Court’s decision on July 17 last year.

The lawyer claimed that there would be a breach of natural justice if Abd Latif and Fauzan continue to be acquitted, while his clients may face having their acquittal reversed, pending the MACC’s appeal at the COA.

Abd Rahim claims that his client (Amir Shariffuddin) was only the middleman.

However, Wan Shaharuddin pointed out that Abd Latif and Fauzan were charged with abetment of graft, while the main corruption charge was faced by Amir Shariffuddin, which is pending appeal.

“Amir Shariffuddin is the principal offender, and this is a distinct and separate offence of the abetment faced by the politician (Abd Latif) and his son. The charges on Amir Shariffuddin could stand on its own in the prosecution’s appeal,” the DPP said.

Meanwhile DPP Zander Lim Wai Kong, who appeared with DPP Muhammad Asraf Mohamed and Wan Shaharuddin, said that Abd Rahim had failed to show any grounds of a review of the earlier appellate bench’s decision to allow the forfeiture, as it can only be made if there is a violation of natural justice of quorum failure.

He said that from Abd Rahim’s submissions, Abd Rahim had not shown any evidence that the earlier bench had erred in its decision, and hence, there was no appealable error to entertain the review.

“The COA’s earlier bench also accepted the evidence of the money trail, and also accepted the standard of proof to allow the forfeiture. There is no violation of the appellant’s right to counsel, as he has retained his own lawyers.

“There is also no dispute that the earlier bench had acted honestly and impartially in the hearing of their appeal. All the evidence adduced were considered and applied. Who are we to question the integrity of the previous bench?” the DPP added.

On July 17 last year, the appellate bench led by Datuk Ahmad Zaidi Ibrahim, along with Datuk Mohamed Zaini Mazlan and Datuk Azmi Ariffin, upheld the forfeiture of the valuables.

A total of 20 cars, including a Bentley, several Mercedes, Toyota Alphard, Land Rover, and others, were forfeited along with 32 luxury handbags, 36 luxury watches, and 14 pieces of jewellery.

The Valuation and Property Management Department had evaluated the cars, watches and jewellery to be worth RM3.2 million in 2022, and that does not include the handbags and cash money of more than RM400,000. The RM400,000 does not include other currencies like the Singapore dollar, the Korean won, the Japanese yen, or the Kuwaiti dinar seized from the respondents.

Abd Latif was acquitted with Amir Sharifuddin and Fauzan by the Sessions Court on April 21, 2019, of 33 counts of graft and money laundering, of a total of RM30.3 million.

The acquittal was upheld by the High Court in 2022, but the MACC is pursuing its appeal against Amir Shariffuddin, and that matter is still pending. 

Read also:
COA upholds forfeiture of over RM3.2m from former Johor executive councillor, his son, associate
Appeal Court dismisses forfeiture of RM794,900 against former Johor exco and his family