Dec 15 set for decision over KDSB property
Published: Dec 2, 2011 9:59 AM | Updated: Dec 2, 2011 10:12 AM
The High Court has set Dec 15 to decide on an application by the government for stay of an order to surrender property worth more than RM32 million to Kuala Dimensi Sdn Bhd (KDSB) and eight others.
The High Court has set Dec 15 to decide on an application by the government for stay of an order to surrender property worth more than RM32 million to Kuala Dimensi Sdn Bhd (KDSB) and eight others.
Justice Ghazali Cha fixed the date after hearing submissions by both parties.
Deputy public prosecutor Robert Pasang Alam submitted that there is no guarantee that the respondents are in a position to repay the properties seized under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), in particular the monies in the bank accounts of the respondents if it need be.
"In other words, if a stay of execution is disallowed and the appeal succeeds, then the appeal would be rendered nugatory.
"This court should grant a stay of execution pending a determination of the appeal before the Court of Appeal," he said.
Meanwhile, lawyer Prem Ramachandran said the stay application ought to be dismissed with costs because no special circumstances were raised in the applicant's affidavit.
He said the public prosecutor has failed to prove the commission or the ingredients of the predicate offence beyond a reasonable doubt. The public prosecutor also failed to show any substantial connection or any connection at all (link) of the property sought to be forfeited with the predicate offence.
"In this sense, the public prosecutor has failed to establish that the funds sought to be forfeited emanated from illegal sources," he said.
Judge orders release of the frozen assets
On Nov 4, Ghazali dismissed an application by the government to seize the property which belonged to KDSB, two individuals and six companies involved in the Port Klang Free Zone (PKFZ) project.
Ghazali dismissed the application on the grounds that the prosecution, representing the government, failed to prove that the property was acquired through illegal activities.
In striking out the application, Ghazali ordered the release of the frozen assets, comprising cash, cheques and land, and for the property to be returned to the respondents.
Following the decision, the prosecution filed for a stay of the order pending its appeal in the Court of Appeal.
The respondents named in the application are KDSB, Transshipment Megahub Berhad, Coastal Skyline Sdn Bhd, Wijaya Baru Aviation Sdn Bhd, Wijaya Baru Sdn Bhd, Wijaya Baru Construction Sdn Bhd, Bintulu MP Tiong King Sing, Law Ka Hing and the Selangor State Development Corporation.
- Bernama
Justice Ghazali Cha fixed the date after hearing submissions by both parties.
Deputy public prosecutor Robert Pasang Alam submitted that there is no guarantee that the respondents are in a position to repay the properties seized under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), in particular the monies in the bank accounts of the respondents if it need be.
"In other words, if a stay of execution is disallowed and the appeal succeeds, then the appeal would be rendered nugatory.
"This court should grant a stay of execution pending a determination of the appeal before the Court of Appeal," he said.
Meanwhile, lawyer Prem Ramachandran said the stay application ought to be dismissed with costs because no special circumstances were raised in the applicant's affidavit.
He said the public prosecutor has failed to prove the commission or the ingredients of the predicate offence beyond a reasonable doubt. The public prosecutor also failed to show any substantial connection or any connection at all (link) of the property sought to be forfeited with the predicate offence.
"In this sense, the public prosecutor has failed to establish that the funds sought to be forfeited emanated from illegal sources," he said.
Judge orders release of the frozen assets
On Nov 4, Ghazali dismissed an application by the government to seize the property which belonged to KDSB, two individuals and six companies involved in the Port Klang Free Zone (PKFZ) project.
Ghazali dismissed the application on the grounds that the prosecution, representing the government, failed to prove that the property was acquired through illegal activities.
In striking out the application, Ghazali ordered the release of the frozen assets, comprising cash, cheques and land, and for the property to be returned to the respondents.
Following the decision, the prosecution filed for a stay of the order pending its appeal in the Court of Appeal.
The respondents named in the application are KDSB, Transshipment Megahub Berhad, Coastal Skyline Sdn Bhd, Wijaya Baru Aviation Sdn Bhd, Wijaya Baru Sdn Bhd, Wijaya Baru Construction Sdn Bhd, Bintulu MP Tiong King Sing, Law Ka Hing and the Selangor State Development Corporation.
- Bernama
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