[2023] 4 MLRA 11
Federal Court, Putrajaya
Abdul Rahman Sebli, Hasnah Mohammed Hashim, Mary Lim Thiam Suan FCJJ
[Criminal Appeal No: 05(L)-101-09-2020(C)]
Abdul Rahman Sebli, Hasnah Mohammed Hashim, Mary Lim Thiam Suan FCJJ


Abdul Rahman Sebli FCJ (Majority):

[1] This appeal concerns a claim by a law firm for its legal fees to be paid from money that has been seized under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("the Act").

[2] Having given careful consideration to the arguments of the parties, both written and oral, we dismissed the appeal by a majority decision. My learned sister Justice Hasnah Mohammed Hashim and I were in favour of dismissing the appeal and affirming the decision of the Court of Appeal whilst my learned sister Justice Mary Lim Thiam Suan was in favour of allowing the appeal and setting aside the decision of the Court of Appeal. These then are the majority grounds of decision.

[3] The facts are simple and straightforward. On 9 June 2016, a police investigation was carried out against one Amar Asyraf bin Zolkepli ("Amar") for offences under ss 124 and 130 of the Penal Code and s 5 of the Computer Crimes Act 1997. The investigation revealed that Amar possessed a computer software which enabled access to the MYIMM system of the Immigration Department without the need for a password or finger print.

[4] Amar then provided the software to a syndicate which used it to unlawfully approve the "Pas Penggajian Pengurusan Pegawai Dagang" and "Pas Penggajian Pegawai Dagang". He would be paid RM1,000.00 for every such approval.

[5] In a follow up action, the respondent (Public Prosecutor) on behalf of the Federal Government issued a seizing order pursuant to subsections 50(1) and 51(1) of the Act against the following properties belonging to Amar:

(i)RM192,147.79 in savings account number 106062056732 at Malayan Banking, Genting Highlands Branch, Pahang;

(ii) RM259,681.45 in savings account number 4835919335 at Public Bank Berhad, Taman Maluri Cheras, Kuala Lumpur;

(iii) RM102,089.20 in a fixed saving account number 1804354928 at Public Bank Berhad, Petaling Jaya, Selangor;

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