4 linked to ex-Johor exco member fail in review over asset seizure

4 linked to ex-Johor exco member fail in review over asset seizure

PUTRAJAYA: Three individuals and a company linked to former Johor executive council member Abdul Latif Bandi today failed in their review application over the seizure of RM3.2 million in assets.

A three-member Court of Appeal bench chaired by Justice Hashim Hamzah said public policy demands finality in a judgment.

Hashim, who sat with Justices Wong Kian Kheong and Noorin Badaruddin, said a review of a decision by the same court under Rule 105 of the Court of Appeal Rules 1994 could only be allowed under limited and exceptional circumstances.

“This includes breach of natural justice, miscarriage of justice, and coram failure,” he said.

However, the present application was concerned with the merits of the decision handed down by another appeals court panel.

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On July 17 last year, a Court of Appeal panel comprising Justices Ahmad Zaidi Ibrahim, Zaini Mazlan, and Azmi Ariffin dismissed appeals by six appellants.

They were Latif, his son Ahmad Fauzan Hatim, real estate consultant Amir Shariffuddin Abd Raub, Mazita Mahmod, Hartini Jalani, and JLA Motorsports Sdn Bhd.

At the outset of today’s proceeding, lawyer Abdul Rahim Ali told the bench that Latif wished to withdraw as a party, while his son did not come in as an applicant.

Deputy public prosecutors Wan Shaharuddin Wan Ladin, Zander Lim, and Asraf Tahir appeared for the prosecution.

In delivering the court’s decision, Zaidi said the appellants failed to prove that the High Court had erred in its findings on the issues raised by their lawyers.

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On May 27, 2019, the sessions court dismissed the prosecution’s forfeiture application and ordered that the seized properties be returned to the owners.

However, on Dec 19, 2021, the High Court overturned this decision, holding that the prosecution had proven that all the properties involved were linked to illegal proceeds.

The authorities had seized 20 luxury vehicles, including a Mercedes Benz G63 AMG, Bentley Continental GT Coupe, Land Rover Sport, Nissan Skyline, Toyota Vellfire, Honda HRV, and Harley Davidson motorcycle.

Other valuables included 36 branded watches, 32 branded handbags, 14 items of jewellery, and cash in Malaysian, Singapore, Hong Kong, Kuwait, Korean, and Japanese currencies.

In another case, Latif, his son Fauzan and Amir Shariffuddin were acquitted by the Johor Bahru sessions court in 2022 on corruption and money laundering charges. This ruling was upheld by the High Court in 2023.

The prosecution dropped its appeal against Latif’s acquittal, but the case against Fauzan and Amir Shariffuddin continues.