The panel of three judges unanimously ruled that the prosecution had proven on a balance of probabilities that the sports utility vehicle registered under Aida Tengah, 49, was linked to offences under Section 409 and Section 165 of the Penal Code.

Section 409 relates to criminal breach of trust while Section 165 concerns a public servant obtaining valuable items from individuals with whom they have official dealings.

Aida is the wife of former Ladang assemblyman Tengku Hassan Tengku Omar.

He was then the chairman of the Terengganu Foundation investment committee and the state executive councillor for trade, industry, regional development and well-being.

Justice Ahmad Fairuz Zainol Abidin said with regard to Section 409, it was clear from the prosecution’s arguments, based on a balance of probabilities, that Abdul Ahad Khan, a board member of Hygenia Sdn Bhd, had misappropriated RM3.875 million from the company’s funds for personal interest and used RM115,000 from the proceeds to purchase the SUV which was registered in the appellant’s name.

“As for the offence under Section 165, it is clear that the appellant’s husband was a public servant and chairman of the investment committee when Abdul Ahad had official dealings with him,” the judge said.

The prosecution had previously submitted that it had consent to prosecute Abdul Ahad, who is missing.

On March 14, 2024, the Kuala Terengganu High Court dismissed Aida’s appeal against a sessions court ruling on May 5, 2023 which ordered the forfeiture of the vehicle to the government.

The three-bench panel was led by Justice Zaidi Ibrahim, sitting with Justices Ahmad Fairuz and Azman Abdullah.

Deputy public prosecutors Farah Yasmin Salleh and Ashraf Tahir appeared for the prosecution, while Aida was represented by Awang Armadajaya Awang Mahmud.

Aida, however, did not attend the proceeding today due to a health condition.