PUTRAJAYA: The Court of Appeal has ordered the Malaysian Anti-Corruption Commission (MACC) and four others, including a former Johor executive councillor, to file affidavits to determine the market value of 21 luxury vehicles seized from the four.
This is to enable the court to impose a sum of money as security should a three-member bench chaired by Hanipah Farikullah decide to allow their application for a stay of execution of a High Court order.
On Dec 19 last year, High Court judge Abu Bakar Katar had allowed an appeal by MACC to forfeit assets worth more than RM6 million belonging to former Johor executive councillor Abdul Latif Bandi.
The others were Latif’s son, Ahmad Fauzan Hatim, his daughter-in-law, Nur Shaliza Mohamad Salleh, and real estate consultant Amir Shariffuddin Abd Raub.
The luxury vehicles included a Mercedes Benz G63 AMG, a Bentley Continental GT Coupe, a Land Rover Proversport, a Porsche Cayenne, a Nissan Skyline and a Toyota Vellfire.
Other items seized were 16 branded watches, 15 branded handbags, 15 pieces of jewellery and cash in Singapore, Hong Kong, Kuwait, Korean and Japanese currencies.
The four filed a stay of execution of the High Court order pending the outcome of their final appeal before the Court of Appeal, which has yet to be fixed.
Hanipah made the order after MACC, represented by deputy public prosecutor Norzilati Izahany Zainal, and the lawyer for the four, Abdul Rahim Ali, agreed to file affidavits to assist the court should the bench be minded to allow the stay.
Hanipah, who sat with Ahmad Nasfy Yasin and Mariana Yahya, ordered the parties to file the affidavits by June 30 and will hear the application on July 5.
Earlier, Norzilati said there were no special circumstances to allow the stay.
Alternatively, she proposed that the four applicants file an affidavit on the market value of the vehicles as security should the court be inclined to allow their applications.
Rahim said the vehicles were not maintained and repaired when under MACC’s custody from 2017 to 2019.
“About RM500,000 was spent on maintenance and repair after the vehicles were returned to the applicants following a sessions court ruling,” he said.
On May 27, 2019, the sessions court dismissed MACC’s forfeiture application and ordered the seized property to be returned to the owners.