Mahkamah Tinggi tolak permohonan lucut hak lebih RM21 juta, jongkong emas Aman Palestin

Mahkamah Tinggi Shah Alam has dismissed a petition seeking to recover RM21.1 million and USD139,650.68 held in 12 bank accounts, along with a 1kg gold coin belonging to non-governmental organization (NGO) Aman Palestin Berhad. The presiding judge, Hakim Latifah Mohd Tahar, stated that Aman Palestin, the respondent, is a non-profit company whose primary objective is to coordinate various forms of aid for the people of Palestine worldwide.

The respondent's income is entirely through donations, including online transactions, monthly transfers from accounts, and cash donation boxes at branches across Malaysia. From 2018 to 2023, the total amount of donations reached RM123.9 million. The judge noted that the donor voluntarily contributed the funds to the company and had full control over the money without any conditions or restrictions.

However, according to the judge, the petitioner froze all bank accounts in November and December 2023 before the recovery petition was filed on November 15, 2024, as the funds were reportedly misused for investments, property purchases, and gold. The judge added that such transfers by the company's director should be placed on the director and not the respondent.

The petitioner failed to prove that the bank account and gold coin purchase were wrongful under Section 4(1) of the Prevention of Illegal Money Laundering, Financing of Terrorism and Proceeds of Crime Act 2001. Consequently, the petition was dismissed, with the judge stating that the petitioner could not meet the burden of proof based on the likelihood of all the claims.

The case was heard with the petitioner represented by Deputy Prosecutor Farah Ezlin Yusop Khan, Noor Syazwani Mohamad Sobry, Nurul Qistini Qamarul Abrar, and Attorney Fatin Farhana Ismail, while Aman Palestin was represented by attorneys Hisyam Teh Pok Teik, Zamani Ibrahim, and M Athimulan. Following the judgment, Farah Ezlin requested a stay on the implementation of the court order to temporarily halt the release of assets or funds until the appeal's outcome.

The executive director and executive officer of Aman Palestin, three men accused of breach of trust, embezzlement, and money laundering, were present at the Shah Alam Sessions Court. All 164 charges against them were read aloud for over two hours, and all three men claimed their innocence.