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Prosecution cannot forfeit RM21 mil of Aman Palestin funds: high court

Judge finds that prosecution did not prove the money as well as a 1kg gold bar were linked to wrongful acts or unlawful activities

8:13 PM MYT

 

SHAH ALAM — The High Court here today dismissed the prosecution’s application to forfeit funds totalling RM21 million which had been frozen under Aman Palestin Berhad, as well as a 1kg gold bar.

Judge Datuk Seri Latifah Mohd Tahar, who is now a Court of Appeal Judge, ruled that the prosecution failed to prove that the money and the gold bar in question were the subject matter of an offence or proceeds of unlawful activities, Bernama reports.

The RM21 million includes foreign currency totaling USD139,650.68.

The prosecution, acting as the applicant, had previously applied for a forfeiture order for 12 bank accounts on Nov 15, 2024, under Subsection 56(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA) or Act 613.

Latifah, after examining and listening to the written and oral submissions from both the prosecution and the respondent, Aman Palestin, said if there were indeed misappropriation and breaches of fiduciary duty committed by the company’s directors when the money was withdrawn for investments, the legal liability lies with the individuals and should not involve the respondent.

“In conclusion, the court finds that the applicant failed to prove that the money found in the respondent’s bank accounts, as well as the purchase of the gold bar, constituted wrongful acts under Section 4(1) of AMLATFPUAA or proceeds from unlawful activities, and could not be linked to offences under Sections 403 and 420 of the Penal Code,” she said.

The prosecution, represented by Deputy Public Prosecutor Farah Ezlin Yusop Khan, nevertheless applied for a stay of execution of the court order pending an appeal.

Aman Palestin was represented by lawyers Datuk Hisyam Teh Pok Teik and Datuk Zamani Ibrahim.

On Feb 15, 2024, three individuals, including the then-Executive Chairman and Chief Executive Officer of Aman Palestin, were brought before the Shah Alam Sessions Court to face 164 charges of criminal breach of trust, cheating, and money laundering involving tens of millions of ringgit in funds belonging to the organisation between 2018 and 2023.

Abdullah Zaik Abdul Rahman, 60, Awang Suffian Awang Piut, 54, and investment company director Khairudin Mohd Ali, 51, however, pleaded not guilty after the charges were read before Judge Datuk Anita Harun. – August 24, 2026

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