Pertama Digital subsidiary Dapat Vista ran eJamin for five years without a formal contract, according to the Public Accounts Committee (PAC).

The online bail payment system began operating on 10 January 2020 and was used at 192 courts across Malaysia.

According to the report, a government review identified about RM62.3 million in bank accounts and RM130.8 million in investments, including sukuk and money market funds.

PAC found that Dapat Vista invested the funds without government approval or legal authority.

It estimated that the deposits generated RM4 million to RM5 million annually, which the company treated as service income.

The report also identified a RM557,258 difference between eJamin’s records and the company’s bank balances that required verification.

PAC warned that the absence of a formal agreement, arrangements to hold funds in trust, a performance bond and insurance put bailors’ deposits at risk if Dapat Vista were wound up.

Dapat Vista explained that licensed banks created virtual accounts for individual bailors before transferring funds into its master account.

The company maintained that it did not require a separate banking licence because the banks operated these accounts.

The report traced the lack of a contract to initial Attorney General’s Chambers advice in December 2019 that treated eJamin as a commercial transaction.

Under that interpretation, the courts were users and did not require an agreement.

Dapat Vista maintained that it had sought a contract from the outset. The company developed and operated the system without cost to the government.

PAC found that keeping them in third-party accounts without recording them in the government’s Consolidated Trust Account did not comply with public finance requirements.

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