KUALA LUMPUR: Businessman Datuk Seri Nazir Hussin Akhtar Hussin and his brother have filed a court challenge seeking to stop the Malaysian Anti-Corruption Commission (MACC) from compelling them to declare their assets.
Nazir Hussin, 47, and Datuk Mubarak Hussain Akhtar Hussin, 50, filed the originating summons through Messrs Lee & Poh Partnership at the High Court registry here on Oct 13, naming the MACC as the respondent.
In his supporting affidavit, Nazir Hussin said the commission raided their homes in Taman Seri Gombak Heights simultaneously at about 6.30am on Sept 30.
He claimed the commission said they were being investigated for criminal breach of trust and abuse of power linked to the management of Yayasan Bank Rakyat, where he was formerly chairman.
During the 12-hour operation, 15 vehicles worth RM31mil, 12 motorcycles worth RM5mil, five watches, jewellery and cash were seized, he said.
Nazir Hussin and Mubarak were subsequently remanded for seven and five days respectively but were not charged after their remand period ended.
In his affidavit, Nazir Hussin said he had been informed that the MACC was preparing paperwork to serve him a notice under Section 36 of the MACC Act.
“I have been advised by my lawyers that any notice served under Section 36, if it happens, is mala fide,” he added.
According to Nazir Hussin, the assets seized, estimated at RM36mil, far exceeded the RM10mil in Yayasan Bank Rakyat funds allegedly misappropriated, as stated by the MACC.
He argued that issuing such a notice would amount to a “fishing expedition” and violate their constitutional right against self-incrimination.
The brothers are seeking a court declaration that Section 36 is unconstitutional, invalid and void.
They are also seeking an injunction to stop the MACC or its 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 Monday.
