Ilham Tower challenges MACC's second seizure over alleged irregularities

New Straits Times

4 days ago

KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) failed to comply with proper procedure in its bid to seize Ilham Tower for the second time, the High Court heard.
Ilham Tower Sdn Bhd, the owner of the building, claimed the second seizure notice issued by the anti-graft body failed to adhere to procedures under Section 51(1A) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001.
Section 51(1A) of the AMLATFPUAA 2001 requires law enforcement agencies to issue a written notice to the person who owns or possesses any property seized under the Act, informing them of the seizure.
The company claimed the MACC also failed to post the notice in a public place as required by law, choosing instead to issue a press statement on the seizure.
The company said this in its supporting affidavit to seek leave (permission) to initiate a judicial review to challenge the seizure.
"The fourth respondent (MACC) also said that with the seizure of Ilham Tower, all transactions or transfers of ownership involving the building are now prohibited.
"This statement is clearly erroneous, as no formal notice was served on the applicant.
"The issuance of the second seizure notice is an abuse of process and power. It overlaps the earlier seizure and appears to be an attempt to unlawfully circumvent the 18-month time limit for the first seizure, which expired on June 17.
"Although the first seizure notice was issued on Dec 18, 2023, no prosecution or charge has been brought against the late Tun Daim Zainuddin to indicate that the premises are linked to any offence under the MACC Act.
"Since the first seizure notice, no evidence has been presented linking the applicant or Daim to any specific offence under the MACC Act 2009, AMLA 2001, or any other law related to money laundering or corruption," the affidavit said.
Ilham Tower further argued that the second seizure violates Article 13 of the Federal Constitution, as it deprives the applicant of the right to use and enjoy the property.
The company said the seizure has caused a significant loss in rental income, reputational harm as a property owner, and depreciation in the property's value.
It added that the prolonged and arbitrary denial of ownership rights – without any charge or prosecution – was not only grossly unfair but also risked rendering the judicial review application futile.
Ilham Tower filed the ex-parte application through its legal firm, Messrs Raj & Sach, on June 23.
One of the company's directors is the late Daim's wife, Toh Puan Na'imah Abdul Khalid.
In its application, Ilham Tower named the MACC, its Chief Commissioner Tan Sri Azam Baki, senior officer Mohd Razi Rahhim @ Rahim, MACC deputy public prosecutor Ahmad Akram Gharib, the public prosecutor, Prime Minister Datuk Seri Anwar Ibrahim, and the government as respondents.
The company is seeking a declaration that the order or seizure notice issued by Ahmad Akram is null and void.
The company is also applying for a certiorari order to quash the seizure notice and all related decisions or actions.
Additionally, it seeks a mandamus order compelling the second respondent – or any officer, employee, agent, or authorised individual under the second respondent – to cancel the seizure notice.
Ilham Tower is also requesting a court order to suspend the seizure notice and all related actions or decisions until its judicial review application is heard and decided by the High Court.
The company is also seeking damages and costs.