A three-member Court of Appeal bench chaired by Justice Vazeer Alam Mydin Meera said the High Court did not err in law or on the facts in allowing the government to forfeit the money.

“We find MACC had fulfilled all conditions under the law on a balance of probabilities to prove their case,” said Vazeer, who sat with Justices Ahmad Zaidi Ibrahim and SM Komathy.

He said the High Court had also considered the duo’s version of events when dismissing their appeal.

On Nov 23, 2021, the sessions court allowed the government’s application to forfeit the money that was found in the chambers of Azmil Muntapha Abas during a raid conducted by MACC in 2019.

Azmil, then a sessions court judge in Kuala Kubu Bharu, claimed the money was a loan.

Businessman Leong Peng Woon came in as a third party to claim the RM182,100.

Sessions court judge Rozilah Salleh said she found that the actions and statements by Azmil and Leong were an afterthought and that they failed to prove the money was a loan.

Rozilah said she was satisfied that the forfeiture was a result of Azmil accepting a bribe, which was an offence under Section 17(a) of the MACC Act.

The forfeiture application was made under Section 41 of the Act as Azmil was not prosecuted.

Counsel Awang Armadajaya Awang Mahmud Azmil and Hasshahari Johari Mawi represented Azmil and Leong while deputy public prosecutors Norzilati Izhani Zainal and Fauziah Daud appeared for the prosecution.