Ismail Sabri charged with failing to declare millions in assets, gold bars

Former prime minister Ismail Sabri Yaakob has claimed trial at the Kuala Lumpur Sessions Court this morning to a charge of not disclosing millions in assets, including five 1kg gold bars, one 100g silver bar and one 5g 999 gold coin, to MACC last year.

The Umno leader pleaded not guilty to the charge before judge Suzana Hussin.

He was alleged to have committed the offence by giving a sworn written statement that did not comply with the MACC notice under Section 36(1) of the MACC Act 2009 on Feb 7, 2025.

According to the charge sheet, Ismail Sabri was served with the MACC notice on Jan 10 of the same year.

Apart from the gold, silver bars and gold coins, the other assets were monies in various denominations - RM14,772,150, S$S6,132,350, US$1,461,400, three million Swiss francs, €12,164,150, ¥363,000,000, £50,250, NZ$44,600, 34,750,000 Emirati dirham and A$352,850.

The monies totalled RM160,932,906.99, while the gold, silver bars and gold coins are worth RM3 million as of today.

Ismail Sabri’s charge was framed under Section 36(2) of the MACC Act, which carries a maximum of five years’ jail and a fine of up to RM100,000.

Today’s prosecution made Ismail Sabri the third former prime minister charged in court under the MACC Act.

Deputy public prosecutor Farah Ezlin Yusop Khan remarked that the charge is a non-bailable offence.

She added that the court has the discretion, as per Section 388(1) of the Criminal Procedure Code, to grant bail to the accused, suggesting RM500,000 bail in one surety, and for Ismail Sabri’s passport to be surrendered to the court.

This, Farah said, is because Ismail Sabri has a vast international network and having his passport surrendered to the court could ensure the proceedings could run smoothly.

“Should the passport not be surrendered before the court, the whereabouts of the accused would be hard for us to follow and to ensure he attends the court proceedings when needed.

“Therefore, we think the RM500,000 bail proposed as well as additional conditions suggested are reasonable,” she said.

‘Not a flight risk’

In reply, Ismail Sabri’s lawyer Amer Hamzah Arshad said the bail amount must not be punitive or excessive.

He highlighted that the former premier had previously faced a forfeiture application before the same court, regarding the same assets in the charge sheet.

“This creates a very peculiar situation… We’ll be looking into this charge carefully, scrutinising it and reserving our rights to challenge the charge.”

Amer also challenged the prosecution’s suggestion of an additional bail condition, submitting that there is no evidence put forth to suggest Ismail Sabri is a flight risk.

He appealed to the court for a bail amount not to exceed RM250,000.

The court then ordered RM300,000 bail for Ismail Sabri in one surety from a family member. The judge did not seize his passport, agreeing with his lawyer that there is no evidence that he is a flight risk.

The court fixed Sept 29 for case mention.

Forfeited assets

Last year, Ismail Sabri and several others were subjected to MACC’s investigation into his Keluarga Malaysia initiative introduced during his tenure between August 2021 and November 2022.

On June 25, then MACC chief commissioner Azam Baki said the investigation, which began around February, had concluded. No individuals were prosecuted.

The Sessions Court, before the same judge, allowed the government’s application to forfeit over RM169 million in cash and gold bars seized in the investigation after hearing no contest from Ismail Sabri and his former political aide Anuar Yunus.

The money also remains unclaimed despite a gazette published on Sept 22 last year.

Amer confirmed to Malaysiakini that the assets linked to Ismail Sabri’s case today were the same assets that the government forfeited last year.

“Prior to this, the prosecution, through the MACC, filed an application for the assets that are now the subject matter of the present charge to be forfeited.

“Under normal circumstances, when that particular provision is decided, it means that there will not be any prosecution.

“There was also an affirmation and averment by the prosecution that, after studying the investigation paper, it had decided not to take any action.

“The fact that there is suddenly a change of heart by the prosecution is something that we have to look into. That is why we say it is unprecedented. This situation has never arisen before,” he told the media after the proceedings.

Health issues

Ismail Sabri was initially scheduled to be charged on Aug 7 but was postponed after he was admitted to the National Heart Institute (IJN) due to health issues.

Asked about his client’s health, Amer said Ismail Sabri is recovering following his recent pacemaker procedure.

“Alhamdulillah, he is recovering. He is due for his next visit to IJN for a follow-up. As far as today is concerned, of course, we are glad nothing much happened to him. Let’s keep praying for his health.

“Nobody likes to be charged. Let’s be clear about that, especially when you think the charge is unfounded, after what had transpired based on the circumstances of the prosecution.

“Of course, nobody would be happy about it… Assuming that the current prime minister steps down, he would not like to be charged as well,” the lawyer added.

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