KUALA LUMPUR (Aug 27): Lawyers for former prime minister Datuk Seri Ismail Sabri Yaakob said they were baffled by the charge against their client, noting that the assets he allegedly failed to declare are currently in the government’s possession.
Defence counsel Datuk Amer Hamzah Arshad referred to the forfeiture proceedings last October where the Sessions Court ordered for over RM169 million in cash, allegedly linked to Ismail Sabri and his former political secretary Datuk Mohammad Anuar Mohd Yunus, to be forfeited to the Malaysian government.
The monies were among the items seized by the MACC following raids on homes and offices believed to be used as "safe houses".
The sum includes RM14.77 million in Malaysian currency; S$6.13 million, US$1.46 million, CHF3 million, €12.16 million, ¥363 million, £50,250, NZ$44,600, AED34.75, and AU$352,850.
This is the same amount named in the charge brought against Ismail Sabri on Thursday, with the addition of gold and silver.
"Prior to the charge, there was an application made by prosecution. We find it peculiar that in order for prosecution to exercise that power, they have to look at investigation papers and decide whether there is a prosecution.
"One of their colleagues confirmed that no prosecution will be carried out [...]
"But unknown to us for a very strange reason, we now appear before you and they are now going to prosecute the very same subject matter which has been disposed of.
"We will be looking into the charge and scrutinise it; we reserve the right to challenge the propriety of this charge," he said addressing the court on Thursday.
The forfeiture application was made under Section 41(1) of the Malaysian Anti-Corruption Commission (MACC) Act. The section concerns forfeiture of property where there is no prosecution for an offence.
The cash was the subject matter of the forfeiture application.
However, it has to be noted that on Thursday, Ismail Sabri was also charged for not declaring gold and silver.
The gold not declared were five bars weighing 1kg each and a gold coin weighing five grams. The silver not declared was a 100g-bar.
Deputy public prosecutor (DPP) Farah Ezlin Yusop Khan who prosecuted on Thursday however countered that whether to prosecute or not still remained within the attorney general's (AG) discretion. In Malaysia, the AG is also the public prosecutor (PP) who brings criminal charges.
"That is separate and different from the charge in court today," she asserted.
Ismail was charged with a single charge of intentionally providing a written statement that does not comply with the terms of an MACC notice dated Jan 7, 2025 by failing to declare cash in various currencies, gold and silver bars. He has claimed trial.
Framed under Section 36(2) of the MACC Act, the charge carries a punishment of a maximum five-year imprisonment and a fine not exceeding RM100,000.
Sessions Court judge Suzana Hussin set bail at RM 300,000 with one surety. Ismail Sabri's passport will not impounded as the court found no proof that he was a flight risk.
Leading the team of defence lawyers, Amer repeated the same while speaking to the press outside the court.
He added that Ismail was ready to fight the charges levelled against him.
Lawyers Ragunath Kesavan and Datuk Seri Rajan Navaratnam also appeared for Ismail Sabri on Thursday.