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Ilham Tower challenges MACC's second seizure over alleged irregularities
Ilham Tower challenges MACC's second seizure over alleged irregularities

New Straits Times

time23-07-2025

  • Business
  • New Straits Times

Ilham Tower challenges MACC's second seizure over alleged irregularities

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.

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 Star

time23-07-2025

  • Business
  • The Star

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

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

AGC objects to Ilham Tower's bid to challenge MACC seizure of Menara Ilham
AGC objects to Ilham Tower's bid to challenge MACC seizure of Menara Ilham

Malay Mail

time23-07-2025

  • Business
  • Malay Mail

AGC objects to Ilham Tower's bid to challenge MACC seizure of Menara Ilham

KUALA LUMPUR, July 23 — 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 today's proceedings before Judge 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 the late Tun Daim Zainuddin, is listed as one of the company's directors. 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 of Malaysia. The company is seeking a declaration that the seizure order or notice issued by the second respondent (Ahmad Akram), on June 4, 2025, 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. 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

Sept 18 hearing for Naimah's bid to quash MACC's Ilham Tower seizure
Sept 18 hearing for Naimah's bid to quash MACC's Ilham Tower seizure

Free Malaysia Today

time23-07-2025

  • Business
  • Free Malaysia Today

Sept 18 hearing for Naimah's bid to quash MACC's Ilham Tower seizure

Naimah Khalid is challenging the second seizure of Ilham Tower by the Malaysian Anti-Corruption Commission. KUALA LUMPUR : The High Court has set Sept 18 to hear Naimah Khalid's bid to commence judicial review proceedings to challenge the Malaysian Anti-Corruption Commission's (MACC) second seizure of Ilham Tower. The hearing, scheduled for today, was postponed after senior federal counsel Nurhafizza Azizan informed Justice Amarjeet Singh that the attorney-general intended to object to the leave application. Naimah, the widow of former finance minister Daim Zainuddin, was represented by senior lawyer Gurdial Singh Nijar. She is seeking to quash MACC's June 5 seizure notice, alleging that it constitutes an abuse of process, and accusing Prime Minister Anwar Ibrahim of exerting undue influence over the matter. Her legal team previously described the second seizure – undertaken under Section 51(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amla) – as 'pure harassment', noting that MACC had already seized the building in December 2023. Ilham Tower, owned by Daim's family, was initially seized under Section 38(1) of the MACC Act 2009. According to MACC, the deputy public prosecutor granted authorisation for the second seizure after concluding that it was linked to alleged offences under Section 4(1) of Amla – specifically, transactions designed to avoid reporting requirements. Naimah's action names several respondents including MACC investigating officer Rahi Rahhim @ Rahim, deputy public prosecutor Ahmad Akram Gharib, MACC chief commissioner Azam Baki, MACC, and Anwar.

Mention of MACC's Ilham Tower forfeiture application set for Aug 6
Mention of MACC's Ilham Tower forfeiture application set for Aug 6

The Sun

time01-07-2025

  • Politics
  • The Sun

Mention of MACC's Ilham Tower forfeiture application set for Aug 6

KUALA LUMPUR: The mention of the Malaysian Anti-Corruption Commission's (MACC) forfeiture application for Ilham Tower, owned by the family of the late Tun Daim Zainuddin, has been fixed for Aug 6 at the Kuala Lumpur High Court. In a statement, the MACC said the application was filed on May 25 under Section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act. The statement further noted that the MACC will engage with enforcement authorities in the United States to obtain legal assistance in initiating proceedings against assets linked to Daim, his wife, Toh Puan Nai'mah Abdul Khalid, and their proxies within that jurisdiction. On June 25, MACC Chief Commissioner Tan Sri Azam Baki confirmed that the Commission had filed a forfeiture application in respect of the 60-storey building, which forms part of the latest series of assets identified for forfeiture proceedings involving the former finance minister, Nai'mah, and several of their proxies in Malaysia.

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