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ARTICLE · 22 MARCH 2023

Case Update: Court Decision That Is Delivered Without Written Grounds Has No Value As Precedents

CRIMINAL PROCEDURE Law Firm - Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Seizing Order – Forfeiture – Legitimate Interest – Legal Fees – Decision – No written Judgement

MalaysiaLitigation, Mediation & Arbitration
Zul Rafique & Partners
Zul Rafique & Partners

CRIMINAL PROCEDURE

Law Firm - Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 - Seizing Order - Forfeiture - Legitimate Interest - Legal Fees - Decision - No written Judgement

Tetuan Wan Shahrizal, Hari & Co v Pendakwa Raya

Criminal Appeal No. 05(L)-101-09/2020(C) | Federal Court- see the grounds of judgment here.

Facts This appeal concerns a claim by a law firm, Tetuan Wan Sharizal, Hari & Co (the 'Appellant') 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. In 2016, the Police carried out investigation on an individual named Amar Asyraf which uncovered that he possessed a computer software which enabled access to the MYIMM system of the Immigration Department without the need for a password or finger print. He then provided the software to a syndicate which used it to unlawfully approve the "Pas Penggajian Pengurusan

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