KUALA LUMPUR: The government today failed in its bid to postpone the High Court's ruling in dismissing its suit to forfeit RM628,314 that was seized from textile wholesaler Jakel Trading.
The money which was seized by the Malaysian Anti-Corruption Commission (MACC) was said to be from former prime minister Datuk Seri Najib Razak who was involved in the 1Malaysia Development Bhd (1MDB) scandal.
In his decision, High Court judge Datuk Ahmad Shahrir Mohd Salleh said that there was no merit in the prosecution's application which was made under Section 311 of the Criminal Procedure Code (CPC).
He said the prosecution was applying for a stay of the ruling despite Section 311 being exclusively meant for any judgement, conviction or sentence and not on the effect of the court's decision.
"The prosecution had applied for a stay of ruling under Section 311, but in the court's decision on June 9, no terms was set by the court to justify the stay of the ruling.
"In its application, the prosecution had also sought for the stay as the effect of the court's decision would pave way for the return of the money seized from the respondent (Jakel Trading),"he said.
Jakel Trading was represented by counsel Habizan Habeeb Rahman and Thevini Nayagam, while MACC deputy public prosecutor Mahadi Abdul Jumaat prosecuted.
On June 9, the court dismissed the prosecution's forfeiture suit after finding that Jakel Trading had sold and delivered the goods in the ordinary course of its business, and the payment of RM628,314 was made for the goods which it sold and delivered.
The court had also in its decision found that the absence of anything potentially suspicious in the purchase of the goods and subsequent transactions, Jakel Trading could not be faulted for the source of payments.