MACC says freeze of Daim's widow's assets stops disposal during probe
MACC Chief Commissioner Tan Sri Azam Baki said the move was part of the commission's preliminary actions to facilitate further investigation.
'In this case, we have submitted a court application for a prohibition order to freeze the overseas assets. If such an order is not obtained, there is a high possibility that the assets, believed not to have been declared, may be disposed of,' he said in a statement today.
Media reports yesterday stated that three luxury homes in London are among the seven properties and one bank account said to belong to Na'imah and her family, involving a total value of £132 million (RM758.2 million), which were frozen by the MACC.
MACC investigations found that the movable and immovable assets were linked to alleged offences under Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001.
The MACC's application, represented by deputy public prosecutor Mahadi Abdul Jumaat, to freeze the assets was granted by High Court Judge Datuk Azhar Abdul Hamid in an ex parte proceeding yesterday.
Meanwhile, former MACC Chief Commissioner Tan Sri Dzulkifli Ahmad said the legally accurate term in this case is a prohibitory order, not a freezing order.
He explained that 'freezing' typically refers to action under Section 44 of the Anti-Money Laundering Act (AMLA), which usually involves bank accounts and specific financial instruments.
In contrast, this case involves a prohibitory order under Section 53 of AMLA, which pertains to restrictions on transactions involving overseas assets suspected of being linked to unlawful activities.
'However, the issuance of a prohibitory order does not imply or presume that the assets in question were obtained through corruption or illegal means,' he added.
'The purpose of this order is simply to block any transactions involving the specified assets while MACC investigations are ongoing. It is a temporary measure to maintain the status quo and prevent disposal of the assets during the investigation,' he said in a statement.
Dzulkifli, who is also a lawyer, noted that the High Court's prohibitory order was issued through an ex parte application, meaning it was made without prior notice or the presence of the affected parties.
At that stage, he added, the individuals subject to the order have not yet been given the opportunity to respond or challenge the application in court. — Bernama
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