By ‘Ainin Wan Salleh | Free Malaysia Today
Lawyers for former prime minister Ismail Sabri Yaakob are mulling a challenge to the charge against their client, saying the assets he allegedly failed to declare are in the government’s possession.
Lawyer Amer Hamzah Arshad said his team would study the charge against Ismail.
“We did inform the court that we are raising certain concerns about the propriety and legality of the charge, but we will not be going into the details (at this moment),” he told a press conference outside the Kuala Lumpur court complex.
Ismail claimed trial at the Kuala Lumpur sessions court earlier today to failing to comply with a Malaysian Anti-Corruption Commission (MACC) asset declaration notice.
He was charged under Section 36(2) of the MACC Act with failing to comply with the terms of an asset declaration notice from the anti-graft agency.
He is accused of failing to declare money held in several currencies, as well as five gold bars, one silver bar and one gold coin.
The undeclared sums allegedly include RM14.77 million, S$6.1 million, US$1.46 million, 3 million Swiss francs, 12.2 million euros, 363 million Japanese yen, 50,250 pounds, NZ$44,600, 34.8 million dirhams and A$352,850.
Amer told the court that the prosecution had affirmed in an affidavit that there would be no prosecution in connection with the items seized by the anti-graft agency.
In response, deputy public prosecutor Farah Ezlin Yusop Khan said it was within the public prosecutor’s discretion to decide whether to bring a charge against anyone.
She also insisted that there was no malice on the part of the public prosecutor in bringing the charge against Ismail.
Amer, at the press conference, said the prosecution applied to MACC for the assets that are the subject matter of the charge to be forfeited.
“Under normal circumstances, when that particular provision is invoked, it would mean that the prosecution has decided not to pursue a prosecution,” he said.
He also said that his legal team would have to look into the prosecution’s “change of heart”.
