- UPDATED 10.40AM | Added details of the ruling from judge Muhammad Jamil Hussin.
The Kuala Lumpur High Court has dismissed the MACC’s civil suit against IT firm AGA Touch (M) Sdn Bhd to forfeit RM3 million allegedly from 1MDB.
Justice Muhammad Jamil Hussin made the ruling during open-court proceedings this morning.
In his brief oral ruling, Jamil said that the prosecution failed on a balance of probability to prove that the RM3 million in AGA Touch’s bank account are proceeds from unlawful activities.
The judge noted that the respondent (AGA Touch) never denied having received RM3 million in a cheque from former prime minister Najib Abdul Razak in March 2014.
He said that the court agreed with the respondent that the RM3 million was for services rendered to Umno, which was proven by invoices exhibited during court proceedings. In 2014, Najib was the then Umno president and BN chairperson.
The judge further noted that the court agreed with the respondent’s arguments that the RM3 million had all been utilised for business operations by the time the account was seized by the authorities.
AGA Touch’s bank account was frozen on June 29, 2018, via a directive from MACC.
The judge also pointed out that the respondent has shown the money that remained in its account when frozen originated from other corporate bodies for services rendered.
“I find that the monies seized are not from Najib.
“The applicant (prosecution) on a balance of probabilities had failed to prove that the RM3 million is the proceeds of illegal activities. The (forfeiture) application is dismissed,” Jamil ruled.
The judge also denied an oral application from DPP Farah Yasmin Salleh for an interim stay on today’s ruling pending the prosecution’s appeal to the Court of Appeal.
Jamil directed the prosecution to instead file a written application for a temporary stay of today’s ruling pending disposal of their appeal.
When met after proceedings, AGA Touch’s counsel Hariharan Tara Singh said that they would be writing to Public Bank soon to request for the release of the RM3 million.