The High Court today dismissed the government’s bid to forfeit luxury items seized from Najib Razak, Rosmah Mansor and their children by police after the 2018 general election.
Malay Mail reported that Judge Mohamed Zaini Mazlan said the Attorney-General’s Chambers (AGC) had failed to prove that the items, on balance of probability, were bought using 1MDB funds.
Zaini mentioned that he found serious gaps in the elaboration of events and the documents tendered in support of the allegations after considering the numerous affidavits filed by the Attorney-General’s Chambers (AGC).
“The applicant had through various affidavits merely disclosed the movements of monies deposited into and transferred out of the first respondent’s (Najib) bank accounts and other entities concerned.
“No doubt there were huge amounts entering into his (Najib) accounts and flowed out but the court cannot find guilt based on suspicion,” said Zaini.
According to FMT, the government wanted to forfeit hundreds of items seized from Najib, Rosmah and 16 individuals and companies. These include the infamous handbags, cash in different currencies, watches, shoes and 27 vehicles.
In his judgment, Zaini said the prosecution did not show the luxury items were bought using money in Najib’s bank accounts.
“In fact, the applicant (government) admitted some of the seized items were gifts.
“They merely listed down the properties seized and their value and, in turn, concluded that the respondents did not have the means to own such items based on their income.”
The respondents, in question, refer to Najib, Rosmah, and their children.
These items were all seized by the police in 2018 on several different dates starting from May 17. The police also seized a piece of land in Tanjung Bungah on August 2 the same year.
“It is apparent that the investigating officer came to this conclusion based on his presumption. This is insufficient as they need to credibly prove a direct link between the money that was gained illegally to the cash found as well as the items bought,” the judge said.