Court allows MACC to forfeit RM369,662 from Umno MP and Naza Quest Auto

The High Court in Kuala Lumpur allowed the MACC to forfeit a total of RM369,662 from Umno’s Maran MP Ismail Abdul Muttalib and company Naza Quest Auto in relation to the 1MDB-linked forfeiture suits against them.

Judge Mohd Nazlan Mohd Ghazali greenlighted the forfeiture in the court during the proceedings this morning.

Justice Nazlan issued the order on Ismail when DPP Allan Suman Pillai informed the court that no third party attended proceedings today to stake a claim in the RM100,000 that the MACC sought to forfeit from the Umno lawmaker.

It was reported on July 12 that Ismail (photo, above) would not contest the forfeiture suit.

Pillai, who is attached to MACC, informed the court that Ismail has no objection to the RM100,000 1MDB-linked forfeiture suit.

“The respondent had on June 24 sent a letter to the court to address Yang Arif that he (Ismail) sought to be excused from attending court proceedings (today in relation to the) RM100,000 in monies to be forfeited by the government of Malaysia.

“Today, we gazetted (a notice) for third parties to attend (court proceedings) under Section 61 of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Act 2001 (Amla) and no third party came today.

“We, therefore, apply for the RM100,000 be forfeited by the government of Malaysia,” Pillai (photo, below) said.

Justice Nazlan allowed the prosecution’s application to forfeit the RM100,000 from Ismail’s bank account.

During the same proceedings today, the judge recorded a consent judgment between the prosecution and Naza Quest Auto for RM269,662 in the company's Maybank Islamic current account to be forfeited by the government.

The consent judgment was reached without admission of criminal or civil liabilities by Naza Quest Auto.

Naza Quest Auto’s counsel Md Yunos Shariff confirmed with the court that both sides have reached an agreement to settle the matter.

“We apply (for the court to) record the consent judgment, without admission of criminal or civil liabilities. The respondent agrees for the monies of RM269,662, in the Maybank Islamic current account 5643 0601 3040 under the respondent’s name to be forfeited by the government of Malaysia,” Yunos said.

No objection to the consent judgment

Pillai said the prosecution has no objection to the proposed consent judgment, adding that they would retract their application for forfeiture under Section 56 of Amla.

Section 56 empowers the MACC to apply to court to forfeit any property seized under the Act if there had not been any related prosecution within 12 months after the seizure.

Justice Nazlan (photo) then recorded the consent judgment and allowed the prosecution’s withdrawal application.

In the same court, the judge fixed Nov 5, 13 and 22 to hear the main forfeiture suits against jeweller Habib Jewels Sdn Bhd, Kedah Umno and Sarawak United People’s Party (SUPP) respectively.

He fixed the hearing dates after Pillai informed the court that no third party attended today’s proceedings, which was fixed to allow any third party to come and stake a claim in the monies that are the subject matter of the legal actions.

The MACC’s suits had targeted RM1,054,019.22 and RM188,138.26 from Kedah Umno and SUPP respectively, while the legal action sought to forfeit RM100,485.66 from Habib Jewels.

Justice Nazlan reminded the prosecution that the cause papers against Kedah Umno and SUPP must be amended to include the names of their office bearers, in order to comply with the requirements of Section 9 (c) of the Societies Act 1966.

Pillai replied that the prosecution would comply and amend the cause papers.

Under Section 9 (c), a society may sue or be sued in the name of its members registered as its public officers with the Registrar of Societies.

In a separate 1MDB-linked forfeiture suit proceeding against Pekan Umno on Aug 30, the judge had ordered the prosecution to add the name of the respondent’s office bearers in order to comply with the requirements of Section 9 (c) of the Act.

During that same proceeding, the judge had also dismissed Pekan Umno’s application to strike out the entire forfeiture suit against it on grounds that the cause papers failed to name its office bearers as respondents.

In today’s matter, Kedah Umno, SUPP and Habib Jewels were represented by counsel Haslina Lily Mohamad Redzuan, Wendy Yeong Wen Ling and Gooi Yang Shuh, respectively.

The respondents in today’s proceedings are among 41 individuals and groups from whom MACC is seeking to forfeit assets worth a total of RM270 million.