Mahkamah Tinggi tolak permohonan lucut hak lebih RM21 juta, jongkong emas Aman Palestin
Hakim berkata jika benar terdapat penyelewengan dilakukan pengarah syarikat ketika wang dikeluarkan untuk pelaburan, liabiliti tanggungan adalah terhadap individu.
Mahkamah Tinggi Shah Alam in Malaysia has dismissed a petition seeking to recover RM21.1 million and USD139,650.68 that were frozen in 12 bank accounts, along with a 1kg gold item owned by the non-profit organization Aman Palestin Berhad. The presiding Justice Latifah Mohd Tahar stated that the NGO is a profit-driven entity whose primary objective is to coordinate various forms of aid to the underprivileged Palestinian community worldwide.
The NGO's income is entirely derived from donations, collected through various methods such as online transactions, monthly deductions from accounts, and cash donation boxes in branches across Malaysia. From 2018 to 2023, the total amount collected amounted to RM123.9 million, according to the Mahkamah Rayuan. Justice Latifah noted that the donor voluntarily donated the funds to the NGO, and the NGO had full control over the donated funds without any conditions or restrictions.
However, the petitioner froze all the bank accounts in November and December 2023 before filing the petition on November 15, 2024, based on allegations that the funds were misappropriated for investment, real estate purchases, and gold buying. Justice Latifah stated that if the NGO indeed engaged in misappropriation during the disbursement of funds for investment, the liability lies with the individual managing the NGO, and it should not involve the NGO itself.
He added that the petitioner failed to prove the bank account and gold item purchase as fraudulent acts under Section 4(1) of the Prevention of Money Laundering, Corruption, and Illicit Activities Act 2001. Consequently, the petitioner's case was dismissed, with Justice Latifah finding the petitioner unable to meet the burden of proof based on the probability of all the claims.
The case, attended by the petitioner represented by Deputy Prosecutor Farah Ezlin Yusop Khan, Noor Syazwani Mohamad Sobry, Nurul Qistini Qamarul Abrar, and Attorney Fatin Farhana Ismail, was represented by Aman Palestin's legal team, including Hisyam Teh Pok Teik, Zamani Ibrahim, and M Athimulan. After delivering the verdict, Farah Ezlin appealed for a temporary halt in the enforcement of the court's order to temporarily prevent the return of the frozen assets or funds while awaiting the court's final decision.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
