logo
AGC objects to Ilham Tower's bid for judicial review of property seizure

AGC objects to Ilham Tower's bid for judicial review of property seizure

The Star5 days ago
KUALA LUMPUR: The Attorney General's Chambers (AGC) has objected to Ilham Tower Sdn Bhd's application for leave to initiate a judicial review against the Malaysian Anti-Corruption Commission (MACC) over the seizure of Menara Ilham.
Senior Federal Counsel Nurhafizza Azizan informed the High Court of the objection during Wednesday's (July 23) proceedings before Justice Datuk Amarjeet Singh.
The court directed both parties to file written submissions by Aug 13, with any replies to be submitted by Aug 20. The hearing is set for Sept 18.
Ilham Tower was represented by counsel Datuk Dr Gurdial Singh Nijar. It filed the ex-parte application through Messrs Raj & Sach on June 23.
Toh Puan Na'imah Abdul Khalid, widow of former finance minister Tun Daim Zainuddin, is listed as one of the company's directors.
ALSO READ: Mention of MACC's Ilham Tower forfeiture application set for Aug 6
The other respondents named were MACC chief commissioner Tan Sri Azam Baki; senior officer Mohd Razi Rahhim @ Rahim; deputy public prosecutor Datuk Ahmad Akram Gharib; the Public Prosecutor; Prime Minister Datuk Seri Anwar Ibrahim; and the government.
The company is seeking a declaration that the seizure order or notice issued by the second respondent (Ahmad Akram), on June 4 under Section 51(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, in relation to the seizure of Menara Ilham at Jalan Binjai, is unlawful and therefore null and void.
ALSO READ: MACC seizes Ilham Tower again
It is also seeking a certiorari order to quash the seizure notice along with all related decisions or actions.
In addition, a mandamus order is sought to compel the second respondent, or any officer, employee, agent, or person authorised by him, to cancel the said notice.
The applicant further seeks a court order to stay the enforcement of the seizure notice and all related decisions or actions pending disposal of the judicial review leave application, as well as damages and costs. – Bernama
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Is KLIA ‘counter setting' a symptom of deeper migrant exploitation? — Haezreena Begum Abdul Hamid
Is KLIA ‘counter setting' a symptom of deeper migrant exploitation? — Haezreena Begum Abdul Hamid

Malay Mail

time16 minutes ago

  • Malay Mail

Is KLIA ‘counter setting' a symptom of deeper migrant exploitation? — Haezreena Begum Abdul Hamid

JULY 28 — The recent detention of an enforcement officer at Kuala Lumpur International Airport (KLIA) Terminal 1 has renewed public scrutiny over a clandestine practice known as 'counter setting'. This tactic, where individuals are allowed to bypass formal immigration procedures, raises serious concerns not only regarding border security and official corruption but also about structural vulnerabilities in Malaysia's migration management, labour demands, and institutional accountability. Last November, nearly 50 immigration officers were reassigned following investigations by the Malaysian Anti-Corruption Commission (MACC) into a similar syndicate operating at KLIA. A senior immigration officer, believed to be the mastermind behind the network, is expected to face charges over a human trafficking ring that allegedly facilitated the unlawful entry of foreign nationals without immigration clearance. The act of 'counter-setting' which involves corruption at borders is a well-recognised enabler of both human trafficking and migrant smuggling. The United Nations Office on Drugs and Crime (UNODC) identifies bribery and abuse of power as systemic 'pull factors' that facilitate transnational crime. In this context, 'counter setting' is not just negligence, it is an institutional gateway for illicit entry under the guise of administrative authority. However, criminalising rogue officers should not automatically lead to the assumption that all individuals who passed through these compromised checkpoints are victims of trafficking or knowingly complicit in smuggling. Immigration Department officers inspecting passports of foreign visitors at Kuala Lumpur International Airport (KLIA) in this file photo taken on July 3, 2023. — Bernama pic Trafficking vs. smuggling: Distinct legal frameworks Public discourse frequently conflates 'migration', 'trafficking', and 'smuggling', an issue compounded by certain NGO and academic narratives that generalise irregular movement as either criminal or victimhood, obscuring nuanced legal distinctions. Under both the UN Trafficking Protocol (Palermo Protocol) and Malaysia's Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM), human trafficking consists of three essential elements: act (e.g., recruitment, transportation), means (e.g., coercion, fraud, abuse of power), and purpose (e.g., exploitation such as forced labour or sexual servitude). However, ATIPSOM does not clearly criminalise attempts to traffic nor does it automatically recognise someone as a trafficked person simply because they entered the country irregularly. As studies has established, most trafficking victims enter Malaysia legally which means that they are in possession of valid passport and are even given a 30-day visa free entry if they are from South-east Asian countries. Therefore, it is nearly impossible to establish the key component of 'exploitation' unless it is evidently demonstrated at the border entry. Mere facilitation without evidence of exploitation does not constitute trafficking. By contrast, migrant smuggling involves consensual facilitation of unlawful entry in exchange for financial gain. Once the border is crossed, the smuggling transaction ends. In such cases, the migrant is typically treated as an offender who have breached immigration laws. An individual's status only becomes 'irregular' if immigration officers on arrival fail to stamp or process their entry. This administrative omission does not by itself amount to criminal conduct or evidence of trafficking. This brings us to a critical question: how can authorities establish that the individuals who entered via 'counter setting' were trafficked, smuggled, or simply irregular migrants? Without evidence of coercion or exploitation, these individuals remain at best suspects or irregular entrants. As many of us has experienced, it is extremely difficult for individuals to board international flights to Malaysia without valid travel documents. Multiple layers of checks include immigration clearance at the point of departure, airline document verification, and pre-boarding checks by flight crew. This may not necessarily be the case when entering Malaysia through land. For example, Malaysia's land borders especially in areas such as Rantau Panjang, Sungai Golok, and Wang Kelian are far more porous. In Wang Kelian, a one-kilometre 'no man's land' separates Thai and Malaysian posts, making unsupervised crossings possible. Arrests involving undocumented Myanmar nationals and the unregulated movement of Malaysians into Thailand highlight systemic gaps in surveillance and border management. Labour agents and recruitment networks Malaysia's fluctuating labour policies such as the temporary freeze (and subsequent lifting) on the intake of Bangladeshi workers for example, have created a market of desperation. To fulfil recruitment contracts or avoid refunding fees, unscrupulous agents may resort to corrupt arrangements with enforcement personnel to smuggle workers into the country. One major concern is the licensing regime. In Malaysia, work agents are not required to possess individual licences. Licences are tied to agencies, creating a regulatory blind spot. Some agents operate without registration; others exploit legal platforms while engaging in parallel black-market operations. Disturbingly, many such agents are foreign nationals already residing in Malaysia, which helps them gain the trust of vulnerable migrant communities. Upon arrival, many of these migrants are placed in overcrowded accommodation and squalid conditions. They are also subjected to long hours of work, meagre pay, and minimal legal protection. While exploitative, these conditions do not always rise to the legal threshold of trafficking unless all the trafficking elements are clearly present. Malaysia must move beyond reactive enforcement and address the systemic factors that enable counter setting and migration-related abuse. A rights-based and reform-oriented strategy should include: stricter employer vetting procedures and meaningful penalties for labour exploitation; crackdowns on unlicensed and unscrupulous agents, including those operating under legal facades; enhance institutional oversight across border enforcement agencies to prevent corruption; implement a victim-centred approach that treats irregular entrants as potential victims unless complicity is proven; and ratify the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. As a conclusion, it is evident that the KLIA 'counter setting' scandal is not just about corrupt officers, it exposes systemic cracks in Malaysia's migration governance, labour recruitment processes, and institutional safeguards. While prosecuting offenders is necessary, structural reforms must follow to protect migrants' rights and preserve the integrity of our borders. To strike a balance between national security and human dignity, Malaysia must clearly distinguish between 'victims', 'offenders', and 'irregular migrants' and, above all, recognise the human realities behind each case. *Dr Haezreena Begum Abdul Hamid is a Criminologist and Senior Lecturer at the Faculty of Law, University of Malaya. She can be reached at [email protected] **This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

Dr M to govt: Reveal Daim's alleged offences
Dr M to govt: Reveal Daim's alleged offences

New Straits Times

time2 hours ago

  • New Straits Times

Dr M to govt: Reveal Daim's alleged offences

KUALA LUMPUR: Former prime minister Tun Dr Mahathir Mohamad has called on the government to reveal the crimes Tun Daim Zainuddin is alleged to have committed. Dr Mahathir said this as Daim's reputation continued to be questioned even after the former finance minister's passing last November. In his statement, Dr Mahathir alluded to the probe into Daim's undeclared assets. The NST previously reported that the Malaysian Anti-Corruption Commission was looking into property and assets linked to Daim in 11 countries. Chief Commissioner Tan Sri Azam Baki said that at least RM4.5 billion in assets linked to Daim had been traced in several countries, including RM758 million in the United Kingdom. MACC is seeking to seize and forfeit assets worth more than RM3 billion. "Tun Daim is gone, he cannot defend himself," Dr Mahathir said in a statement. "Everyone knows Daim was rich before becoming a minister, and was in the process of surrendering his business interests when he was appointed a minister." Dr Mahathir said Daim only restarted doing business after he was no longer a minister. "Daim did business abroad to avoid being accused of receiving special privileges," he said, adding that Daim had not been linked to any scandal in the countries he did business in.

Berlin police arrest 57 at pro-Palestinian protest during Pride march
Berlin police arrest 57 at pro-Palestinian protest during Pride march

The Sun

time18 hours ago

  • The Sun

Berlin police arrest 57 at pro-Palestinian protest during Pride march

FRANKFURT: Berlin police confirmed the arrest of 57 individuals during a pro-Palestinian demonstration held alongside the city's annual Pride march. Authorities reported that 17 officers sustained injuries in the clashes. Approximately 10,000 demonstrators gathered on Saturday in support of Palestinians, but police intervened as organisers failed to maintain order. Arrests were made for public disturbances, resisting law enforcement, and the alleged use of anti-Semitic slogans. Police also cited the display of symbols linked to 'anti-constitutional and terrorist organisations.' The rally was organised by the 'Internationalist Queer Pride for Liberation' movement, which advocates for anti-imperialist and anti-Zionist causes. Meanwhile, Berlin's main Pride parade saw 64 arrests for offences including assault and the alleged use of banned symbols. A separate far-right counter-protest against the Pride march also resulted in 20 arrests. Pro-Palestinian demonstrations have surged across Germany and Europe amid ongoing tensions in Gaza. Germany, historically a staunch ally of Israel, has recently voiced stronger criticism over the humanitarian crisis in Gaza. The government has also signalled support for recognising a Palestinian state as part of a two-state solution. – AFP

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store