Arul Kanda given access

  • Nation
  • Thursday, 22 Aug 2019

KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has unfrozen two share-trading accounts belonging to former 1Malaysia Development Bhd (1MDB) CEO Arul Kanda Kandasamy.

The MACC released the two accounts on Tuesday following a notice of motion filed by Arul Kanda, who sought to unfreeze them.

The accounts were frozen due to investigations related to the 1MDB scandal.

Lawyer Datuk S. Sivananthan told the court the applicant withdrew the notice of motion as the accounts had been unlocked. High Court judge Justice Mohamed Zaini Mazlan then struck out the notice of motion.

Deputy Public Prosecutor Mohd Isa Mohamed appeared on behalf of the legal representatives for the MACC. Arul Kanda, 43, was not present as he was on sick leave.

On Monday, he filed the notice of motion claiming that the order to freeze his accounts under Section 44 of the Anti-Money Laundering,

Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – issued by the MACC on July 12 last year – was null and void.

He had sought for the two Central Depository System accounts holding his shares to be released by the MACC, other than damages for loss of investment opportunities, with interest, from the date his accounts were supposedly unfrozen on July 13, 2019, until the date of the (actual) release of the accounts.

Sivananthan said his client filed the notice of motion as there was no prosecution or forfeiture action taken against him throughout the one-year period since the accounts were frozen.

“We filed the application since neither of these had been done, but the application is now academic as MACC released the accounts on Tuesday,” he said.

Other than the two CDS accounts, seven of Arul Kanda’s personal bank accounts were also frozen by the MACC due to money laundering investigations. Sivananthan added that these accounts were released by the MACC earlier.

On Dec 12 last year, Arul Kanda was charged with abetting former prime minister Datuk Seri Najib Razak in making amendments to the 1MDB final audit report to protect the Pekan MP from being subjected to disciplinary, civil or criminal action in connection with 1MDB.

He allegedly committed the offence at the Prime Minister’s Office in Putrajaya between Feb 22 and Feb 26, 2016.

The charge under Section 28(1)(c) of the Malaysian Anti-Corruption Commission Act 2009 carries a maximum 20 years’ jail and a

fine of no less than five times the amount of gratification, or RM10,000, whichever is higher, upon conviction.

Arul Kanda will go on trial together with Najib, who was accused of abusing his position as then prime minister to order the (then) Auditor-General to remove certain parts from the same audit report.

The trial is set to commence in November.
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Arul Kanda , MACC , 1MDB


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