PUTRAJAYA, Oct 20 — A former judge and a businessman failed again in their appeals today to recover RM182,100 seized by the Malaysian Anti-Corruption Commission (MACC) four years ago.
This comes after a decision by the Court of Appeal’s three-judge panel, chaired by Datuk Vazeer Alam Mydin Meera, in dismissing the appeals by Azmil Muntapha Abas, 49, and Leong Peng Woon, 68, and upholding the decision of the Shah Alam High Court which dismissed the duo’s appeal to recover the money.
Vazeer Alam, sitting with Judge Datuk Ahmad Zaidi Ibrahim and Datuk S. M. Komathy Suppiah, said in a unanimous decision there was no error in the High Court’s decision, and the respondent (prosecutor) had proved that the application to forfeit the right to the money was following the law.
“We are also satisfied the claims of the two appellants have also been considered by both courts (High Court and Sessions Court), and the decision reached by the court is based on the correct facts and law.
“Therefore, the appeals of both appellants are rejected,” he said.
On November 23, 2021, the Sessions Court allowed the government’s application to forfeit the money found in Azmil Muntapha’s office during a raid conducted by the Malaysian Anti-Corruption Commission (MACC) in 2019.
Azmil Muntapha, then the Judge of the Kuala Kubu Bharu Sessions Court, claimed he obtained the money from Leong, who is a contractor, through a RM200,000 loan to buy a house on auction in Hulu Selangor.
The two then appealed against the decision in the High Court, which dismissed the appeals on April 10.
Earlier, lawyer Awang Armadajaya Awang Mahmud, representing the appellants, submitted that the RM182,100 cannot be taken arbitrarily but can only be forfeited if the appellants failed to prove it was clean money.
“The money is not related to official business but a loan from a friend to purchase a house in Hulu Selangor. The money has nothing to do with the corruption charge against the first appellant (Azmil Muntapha),” he said.
Meanwhile, deputy public prosecutor Fauziah Daud said, as stated in the investigating officer’s affidavit, the money was confiscated in connection with an offence under Section 17 (a) of the MACC Act 2009, which is obtaining a bribe from an agent.
“The first appellant said the money was borrowed from the second appellant (Leong), but the money in question was found in a very suspicious place, namely in the judge’s chambers.
“Therefore, we are satisfied with the MACC’s investigation, which determined the money was from illegal sources,” she said.
On October 19, 2022, Azmil was sentenced to six months in prison and fined RM25,000 by the Shah Alam Sessions Court after he was found guilty of corruption.
Azmil Muntapha was charged as a Sessions Court judge to have obtained for himself RM5,000 without consideration from a person he knew had a connection with his official function involving court proceedings of six accused in criminal cases.
He appealed against the decision, and the Shah Alam High Court reduced the sentence to one day jail and a RM12,000 fine.
— Bernama
