PUTRAJAYA (July 17): The Court of Appeal (COA) on Wednesday upheld the forfeiture of assets, including 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.

The assets were found to be proceeds from unlawful activity.

The eight include Abd Latif’s son Mohd Fauzan Hatim Abd Latif; his associate, real estate agent Amir Shariffuddin Abd Rauf; and his family members.

Judge Datuk Ahmad Zaidi Ibrahim, who led the three-member bench, said the court was satisfied with the High Court’s decision that does not warrant appellate intervention. He also said there was no break in the chain of evidence.

“The High Court did not make an error, and it is proven that illegal money was used to buy the items or they were proceeds from unlawful activity.

“The money trail has remained intact and there is no break in the chain of evidence. This court also found that the Sessions Court decision to dismiss the forfeiture in applying the test of beyond reasonable doubt to be in error. The right test for forfeiture is on a balance of probabilities, and the court is satisfied that the prosecution had successfully proven its case,” Ahmad Zaidi said.

Following this, the judge said the High Court decision that allowed the forfeiture was upheld by the appellate court, and he ordered that the assets be forfeited.

He sat with judges Datuk Mohamed Zaini Mazlan and Datuk Azmi Ariffin.

This was the last stage of appeal for Abd Latif and the eight others.

The 20 cars include a Bentley, several Mercedes, Toyota Alphard, Land Rover and others. Also forfeited were 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 Singapore dollar, Korean won, Japanese yen, or Kuwaiti dinar seized from the respondents.

Deputy public prosecutor Norzilati Izhani Zainal @ Zainol said the High Court was right in its decision to allow the forfeiture as the Sessions Court had erred when it applied the beyond reasonable doubt test when the right test is on a balance of probabilities.

She said the prosecution through a Malaysian Anti-Corruption Commission (MACC) officer had successfully shown the money trail, which showed that the assets were bought using illegal proceeds.

Counsel Siti Sarah Khalil submitted that the prosecution had failed to show the money trail and that the application was made under a wrong provision of the MACC Act 2009.

Despite this, Ahmad Zaidi and the appellate judges ruled that the prosecution was right in making the application under Section 41 of the MACC Act, as the items claimed were not as a result of prosecution against Abd Latif, Amir Shariffuddin, or Mohd Fauzan Hatim.

Prior to this, the appellate court had dismissed a forfeiture of RM794,900 against Abd Latif, his wife, and other son, Ahmad Arif Sabirin Abdul Latif.

Abd Latif, Amir Shariffuddin, and Mohd Fauzan Hatim were acquitted by the Sessions Court on Aug 22, 2022, of graft and money-laundering charges. The High Court upheld the trio’s acquittal.

However, the prosecution is appealing against Amir Shariffuddin and Mohd Fauzan Hatim’s acquittal, but dropped its appeal against Abd Latif.

The prosecution’s appeal against Amir Shariffuddin and Mohd Fauzan Hatim is still pending.