Aida binti Tengah v Pendakwa Raya

Appellant(s): Aida Binti Tengah

Respondent(s): Pendakwa Raya

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Paduka Azman Bin Abdullah
• YA Dato' Ahmad Fairuz bin Zainol Abidin

• The appellant appealed against a forfeiture order for a Proton X70 car, issued under Section 41(1) of the Malaysian Anti-Corruption Commission Act 2009.
• The car was purchased using RM115,000 from RM3.875 million misappropriated by the CEO of a company from funds invested by a subsidiary of Yayasan Terengganu.
• The appellant is the wife of a State Assemblyman who was also the Chairman of the Yayasan Terengganu Investment Committee, and the car was registered in her name.

• Whether the prosecution bore the burden of proof and met the requirements for a forfeiture application under Section 41 of the MACC Act 2009.
• Whether the appellant successfully demonstrated a legitimate purchase of the vehicle.
• Whether the appellant qualified as a bona fide purchaser for valuable consideration, as defined under Section 3 of the MACC Act 2009.

• The Court affirmed that forfeiture proceedings under Section 41 of the MACC Act 2009 are in rem, requiring proof on a balance of probabilities.
• The prosecution successfully established that the vehicle was connected to criminal breach of trust (Section 409 Penal Code) and a public servant receiving a valuable thing without consideration (Section 165 Penal Code).
• The appellant was not a bona fide purchaser for valuable consideration, given the suspicious purchase arrangements, failure to verify the source of funds, and the relationship between the misappropriator and the appellant's husband. The appeal was dismissed, and the forfeiture order upheld.