Cases
JUDGMENT
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.