KUALA LUMPUR: Businessman Datuk Seri Nazir Hussin Akhtar Hussin and his brother are taking the Malaysian Anti-Corruption Commission (MACC) to court over a notice issued by the commission that compelled them to declare their assets.
Nazir Hussin, 47, and his brother Datuk Mubarak Hussain Akhtar Husin, 50, filed the originating summons through Messrs Lee & Poh Partnership at the High Court registry here on Oct 13.
They named MACC as the respondent.
In his supporting affidavit, Nazir Hussin said at about 6.30am on Sept 30, the MACC raided his and his brother's homes in Taman Seri Gombak Heights simultaenously.
He claimed the MACC gave the reason that the brothers were being investigated for criminal breach of trust and abuse of power linked to the management of Yayasan Bank Rakyat, where Nazir Hussin formerly sat as chairman.
In the 12-hour raid, 15 vehicles worth RM31mil, 12 motorcycles worth RM5mil, five watches, jewellery and some cash were confiscated, he said.
Nazir Hussin and Mubarak were subsequently remanded for seven and five days, respectively, but were not charged in court after their remands ended.
"I have been informed and verily believed that the MACC is currently drafting a paperwork to serve me a notice under Section 36 of the MACC Act to me.
"I have been advised by my lawyers that any notice served under Section 36, if it happens, is mala fide (with bad intention)," he said.
According to Nazir Hussin, he and his brother have not been charged in court until today and the assets seized, approximately RM36mil, was well beyond the RM10mil funds belonging to Yayasan Bank Rakyat that was depicted by the MACC.
He said if the notice was issued, it was a mere "fishing expedition" and a violation of the right against self-incrimination under the Constitution.
The applicants are seeking a court declaration that Section 36 is unconstitutional, invalid and void.
They are also seeking an injunction to stop the respondents or their agents from issuing or handing over any notice under Section 36 to them.
The case is fixed for case management before Justice Kan Weng Hin on Oct 19.
