KUALA LUMPUR: Former Prime Minister, Datuk Seri Ismail Sabri Yaakob, was charged in the Sessions Court here today with failing to declare assets, including RM14.7 million in cash, millions in various foreign currencies, as well as gold bars.
Ismail Sabri, 66, who is Bera Member of Parliament, pleaded not guilty after the charge was read out before Judge Suzana Hussin.
According to the charge, Ismail Sabri is accused of intentionally providing a written statement that failed to comply with the terms of a notice issued under Section 36(1)(a) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 (Act 694) dated January 7, 2025.
The notice was served on him by an MACC officer on January 10, 2025, requiring him to declare specified assets, which he allegedly failed to do.
The assets listed in the charge comprise cash in various currencies, namely RM14,772,150; SGD6,132,350; USD1,461,400; CHF3 million; EUR12,164,150; JPY363 million; GBP50,250; NZD44,600; AED34.75 million; AUD352,850, as well as five Suisse Fine Gold bars.
The offence was allegedly committed at the MACC headquarters at No. 2, Lebuh Wawasan, Precinct 7, Putrajaya, on February 7, 2025.
The charge was framed under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years’ imprisonment and a fine of up to RM100,000 upon conviction.
The prosecution was led by Deputy Public Prosecutor, Farah Ezlin Yusop Khan, while Ismail Sabri was represented by lawyer, Datuk Amer Hamzah Arshad.
The former prime minister was initially scheduled to be charged on August 7, but the proceedings were postponed to today after he was admitted to the National Heart Institute (IJN) due to health issues.
Judge Suzana then postponed the case to today after Amer Hamzah sought an adjournment, saying Ismail Sabri was experiencing possible arrhythmia and was scheduled to undergo a pacemaker implantation procedure.
Suzana allowed bail of RM300,000 with one family member of the accused as surety and fixed September 29 for mention.
However, the judge dismissed the prosecution’s application for Ismail Sabri’s passport to be surrendered to the court, ruling that there was no evidence that he posed a flight risk.
Earlier, Deputy Public Prosecutor, Farah Ezlin Yusop Khan, said that under Section 36(1)(a) of the MACC Act, the offence was non-bailable, but the prosecution left the matter of bail to the court’s discretion.
“If the court allows bail, the prosecution proposes RM500,000 with one surety, together with the additional condition that the passport be surrendered to the court.
“This offence involves a former prime minister, and the amount involved in the charge is substantial. He has more than sufficient financial means to provide the (bail) amount,” she said.
She added that if the passport was not surrendered to the court, it would be difficult for the prosecution to trace his whereabouts and ensure his attendance at court proceedings.
Farah Ezlin said the former prime minister also had an extensive network of international connections, and therefore, the prosecution needed to ensure he would attend court and that the case proceedings could run smoothly.
Meanwhile, Amer Hamzah argued that the bail amount set by the court must not be punitive or excessive, as his client was presumed innocent until proven guilty.
He said that before the charge was brought before the court today, the prosecution had made an application under Section 41 of the MACC Act in relation to forfeiture proceedings involving assets belonging to Ismail Sabri.
“I believe the prosecution is aware of the matter and that the proceedings were heard before the same judge (Suzana). A declaration was made that no prosecution would be brought against my client.
“This creates a very peculiar and unique situation. I am raising this issue to put the prosecution on notice and to inform the court that we will scrutinise the charge carefully and reserve our right to challenge its propriety and validity,” he said.
Regarding the bail amount proposed by the prosecution, Amer Hamzah said that when the charge was first registered in court, the defence had discussed with the prosecution that the proposed bail amount was RM100,000.
“However, why did the amount suddenly change this morning from RM100,000 to RM500,000? No justification was given as to why RM500,000 is an appropriate amount,” he said.
Lawyer Ragunath Kesavan, also representing Ismail Sabri, said there was no risk of his client absconding as he had cooperated with the MACC throughout the investigation since 2025 and there was no need for him to surrender his passport to the court.
Farah Ezlin stressed that in this case, the prosecution was against an individual, while the forfeiture proceedings concerned property, and the two were separate.
“There is no ‘bad faith’ in this case… as for the bail proposed by the prosecution, it is reasonable,” she said. – BERNAMA
