This followed a unanimous ruling by a three-member Court of Appeal bench yesterday to set aside a High Court decision allowing Arif’s appeal against a sessions court decision to forfeit the money and assets by MACC.

The bench comprised Hanipah Farikullah, Abu Bakar Jais and Nordin Hasan.

Nordin, who delivered the verdict, said the court found that the money and gold pieces worth RM1.4 million were related to offences under the MACC Act.

“Furthermore, no third party has appeared or come forward to make any claims against the properties,” he said.

The assets that were seized by MACC in 2017 comprised RM544,620 in both local and foreign currencies, eight gold pieces weighing 8,000gm, 11 branded watches, a necklace, a pearl bracelet, a handphone and a branded handbag.

On July 16 last year, MACC failed in its bid to forfeit the money and assets that were seized from Arif in 2017 after High Court judge Muhammad Jamil Hussin allowed his appeal on the grounds that MACC failed to prove the assets were used in wrongdoing under the MACC Act.

MACC then filed an appeal in the Court of Appeal, while Arif appealed against the High Court’s decision on the burden of proof for forfeiture of property cases under Section 41(1) of the MACC Act 2009.

Deputy public prosecutor Mohd Fairuz Johari told the court MACC only proceeded with the appeal to forfeit the rights of RM540,000 and eight gold pieces.

Nordin ordered the other items to be returned to Arif.

The court also dismissed Arif’s appeal against the High Court’s decision on the burden of proof for forfeiture or property cases under Section 41 (1) of the MACC Act 2009.

Deputy public prosecutor Mohd Zain Ibrahim also appeared for the prosecution, while counsel Guok Ngek Seong represented Arif.