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KUALA LUMPUR: The High Court here has set Nov 13 to decide on Toh Puan Na’imah Abdul Khalid’s (pic) bid to intervene in an application by the Malaysian Anti-Corruption Commission (MACC) to prevent anyone from dealing with assets of four companies in the British crown dependency of Jersey.
Justice Datuk Muhammad Jamil Hussin set the date after hearing submissions from deputy public prosecutors Mahadi Abdul Jumaat and Siti Amira Muhammad Ali, representing the MACC, and lawyers Datuk Dr Gurdial Singh Nijar and Abraham Au, representing Na’imah.
"I need time to consider the issues raised by the parties involved. The decision date is set for Nov 13, at 9am," the judge said on Friday (Oct 31).
The MACC had filed an ex-parte application to prevent Na'imah, the widow of Tun Daim Zainuddin, or any party related to her, from managing offshore assets totalling US$157.5mil (RM667mil) and GBP85mil (RM468mil) located in the British Crown dependency.
ALSO READ: Prosecution seeks court order to restrain Daim's widow from handling assets in Jersey
Earlier, Mahadi submitted that the assets in question amounted to more than RM1bil, and the prosecution had applied for a prohibition order to enable a detailed investigation to be carried out on the assets.
He said that Na’imah, in her application and affidavit, did not state her interests in the assets in question nor her role in the companies involved.
"If she wants to become an intervener, she must show the court that she has a 'legal interest' in the assets and that her rights will be affected by the court’s order.
"We merely seek to maintain the status quo during the investigation period, and if no offence is detected, we will withdraw this application," Mahadi said, adding that there was no basis for Na’imah to intervene.
Meanwhile, Au argued that the public prosecutor, through an affidavit, had stated that the application for the prohibition order was made based on a predicate offence being investigated.
"Therefore, it is clear that the matter concerns assets owned by the intervener," he said.
On June 25, the MACC filed the ex parte application, alleging that the assets were acquired in Malaysia by Na’imah or individuals linked to her, and were not declared to the Inland Revenue Board.
ALSO READ: Oct 31 decision on Na'imah's challenge of prosecution bid to freeze Jersey assets
The application was made under Section 53 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, following investigations under Section 4(1) of the same Act and Section 113 of the Income Tax Act 1967.
This marks the prosecution’s third application, after two earlier bids involving assets in the United Kingdom and Singapore.
On May 22, MACC chief commissioner Tan Sri Azam Baki revealed that eight investigation papers had been initiated based on fresh information from foreign agencies regarding assets linked to the late Tun Daim, his family and proxies.
Azam said the information indicated that the assets had not been declared during MACC’s 2023 investigations. – Bernama
