KUALA LUMPUR: The government has failed in its bid to forfeit RM114 million in cash that was seized by police during a raid at the Pavilion Residences in 2018, soon after the fall of then prime minister Datuk Seri Najib Razak-led Barisan Nasional (BN) administration.
High Court judge Datuk Muhammad Jamil Hussin ruled that the Attorney-General's Chambers (AGC) had failed to prove that the money originated from 1Malaysia Development Bhd (1MDB) or funds obtained from a criminal breach of trust (CBT) offence.
However, he did not rule on the release of the monies which is kept in Bank Negara Malaysia's vault, causing confusion to both parties.
Earlier, Jamil in his decision said the investigation officer failed to establish a money trail to prove that the cash originated from unlawful activities.
"He (investigating officer) also failed to identify the person who had the power to control 1MDB funds.
"Furthermore, there is no evidence to show several sums of the RM114 million were converted into foreign currencies.
"The witnesses said they only spent the cash that they received without mentioning anything about converting the monies to foreign currencies," he said.
Deputy public prosecutor Mohd Saifuddin Hashim Musaimi then applied for a stay of execution pending their written appeal.
He said the court also needed to determine other issues concerning the cash as the case involved two, third party claimants.
However, Jamil said the court has no power to make consequential orders for the release of the monies as he already dismissed the forfeiture's application.
Saifuddin then insisted for a stay order as the police need to determine the recipient of the cash.
"We have two different third party claimants - Najib and Umno. If the lawyer asks to release the money to Najib, what about Umno?
"So the court must decide who is going to receive it," said Saifuddin.
Jamil, however, stood with his decision that the court has no need to issue any direction before he dismissed the stay application.
Meanwhile, Najib's counsel Tan Sri Muhammad Shafee Abdullah during a press conference later, said they would write a letter asking the government to release the monies as soon as possible.
"We will ask them to return the money within 24 hours to our client," he said.
Najib who also present during the press conference said today's decision is a victory to him to clear his name and reputation.
"They have thrown various allegations against me...they said I misused the money, I am a robber, and a rogue, which had tarnished my reputation as a leader.
"Today, it is proven all the malicious and slanderous allegations against me are false," he said.
The government wanted to forfeit RM114,164,393.44 in cash and jewellery, and high-end fashion items seized from the premises owned by Obyu Holdings Sdn Bhd.
They alleged the money and items were linked to 1MDB.
The prosecution had contended that Najib had allegedly received a total of US$971 million (RM2.973 billion), said to be 1MDB's money, from 2011 to 2013, and that the money seized from the condo was part of the illicit funds.
Besides the money, the raid also yielded 12,000 pieces of jewellery, valuable watches and expensive handbags.