MACC today failed in its bid to stay the execution of a High Court’s decision in dismissing its application to forfeit a total of RM957,395.65 that was seized from Johor Baru BN and two others.
This followed a decision by a High Court in Kuala Lumpur today in dismissing the prosecution’s stay application against Johor Bahru BN, its chairperson Shahrir Abdul Samad and treasurer Raihan Baba.
The money was seized by the MACC last year for allegedly being from former prime minister Najib Abdul Razak and allegedly linked to the 1MDB scandal.
Judicial Commissioner Ahmad Shahrir Mohd Salleh dismissed the prosecution’s application after hearing submissions on the matter from both parties.
“After studying the application by the applicant (prosecution) and considering the submissions, I found the application to have not fulfilled Section 311 of the Criminal Procedure Code. I, therefore, dismiss the application,” he said.
Earlier, deputy public prosecutor Maziah Mohaidi from MACC told the court that the (stay) application was made pending a hearing of an appeal against the court’s decision in dismissing the prosecution’s forfeiture application at the Court of Appeal.
Lawyer Syahrul Syazwan Salehin submitted that should the court allow the application for the stay, it would make the court turn away from its own findings when dismissing the forfeiture application.
“Secondly, it shows the court condones an action that is against the law in allowing the respondent’s property to be held illegally,” he added.
On June 9, Shahrir dismissed the prosecution’s application to forfeit the money seized from the three parties.