High Court dismisses application to stay the court’s decision on the forfeiture pending appeal at the Court of Appeal.
Some RM194 million could potentially be returned to Umno, Wanita MCA, Perano Sdn Bhd and Binsabi Sdn Bhd pending the prosecution’s appeal over related 1MDB forfeiture suits.
This after Kuala Lumpur High Court judge Mohamed Zaini Mazlan dismissed its application to stay the court’s decision (on the forfeiture) pending appeal at the Court of Appeal.
Zaini made his decision as soon as he heard submissions from both parties during the hearing of the case today.
“I have made my decision… I have to stick to my findings that the money did not originate from 1Malaysia Development Berhad (1MDB).
“I reject all applications (to stay the decision) and the applicants can run up to the Court of Appeal to apply for a stay,” he said.
On Feb 7, the court dismissed the government’s forfeiture suits against Umno, Wanita MCA, Perano, and Binsabi to recover RM194 million in monies allegedly linked to 1MDB.
The prosecution sought to forfeit RM192 million from Umno, RM300,000 from Wanita MCA, RM337,634.78 from Perano, and RM777,250 from Binsabi.
Binsabi is an event management firm while Perano is a subsidiary of textile firm Jakel Trading.
However, the prosecution later filed an application to stay the ruling and prevent the monies from being released to the four respondents, pending its appeal to the Court of Appeal. The application was then scheduled for hearing today.
“When it comes to an (application for) a stay (on) monetary judgment, it must be based on special circumstances.
“There is no evidence to show insolvency (of either Umno, Wanita MCA, Perano, or Binsabi as part of special circumstances).
“I, therefore, dismiss the four applications (to stay the return of the RM194 million to the four respondents),” Zaini said.
He then informed DPP Mahadi Abdul Jumaat that the prosecution may now write to the Court of Appeal to seek a stay on the High Court’s ruling.
Mahadi appeared for the applicants and Counsels Datuk Hariharan Tara Singh, Datuk Ben Chan, N Thevini, Habizan Rahman and Tengku Shazuan Tengku Shariffudin appeared for the respondents.
Mahadi said he will brief and wait for instructions from the Attorney-General’s Chambers before taking any further action.
“Today’s ruling does not mean Umno and the three others would get the money immediately. There are a few more administrative steps to be done before that could happen,” he said.
After the ruling, the counsels of the four respondents sought clarification from Zaini on whether an order could be issued specifying that the monies be immediately be returned to the respondents.
Habizan informed the court that this is needed as usually, banks would not want to release the money unless there is a letter from MACC allowing it.
However, Zaini replied that he cannot interfere in that particular administrative process.