
This followed a decision by the High Court here in dismissing the prosecution’s stay application against Johor Bahru BN, its chairman Shahrir Abdul Samad and treasurer Raihan Baba.
The money was seized by MACC last year as it was alleged to be from former prime minister Najib Razak and linked to the 1MDB scandal.
Judicial commissioner Ahmad Shahrir Mohd Salleh dismissed the prosecution’s application after hearing submissions from both parties.
“After studying the application by the applicant (prosecution) and considering the submissions, I found the application to have not fulfilled Section 311 of the Criminal Procedure Code. I, therefore, dismiss it,” he said.
Earlier, deputy public prosecutor Maziah Mohaidi, from MACC, told the court that the application was made pending hearing of an appeal against the court’s decision in dismissing the prosecution’s forfeiture application at the Court of Appeal.
Lawyer Syahrul Syazwan Salehin submitted that should the court allow the application for the stay, it would make the court turn away from its own findings in dismissing the forfeiture application.
”Secondly, it shows the court condones an action that is against the law in allowing the respondent’s property to be held illegally,” he said.
On June 9, Ahmad Shahrir dismissed the prosecution’s application to forfeit the money seized from the three parties.