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MACC pursues foreign assets linked to Daim
MACC pursues foreign assets linked to Daim

The Star

time12-07-2025

  • Business
  • The Star

MACC pursues foreign assets linked to Daim

PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) is seeking to seize and forfeit overseas assets worth RM3bil belonging to the late Tun Daim Zainuddin and his family. The MACC said its Special Operations Division had uncovered offshore assets allegedly linked to the former finance minister, his wife Toh Puan Na'imah Khalid, their family members, and close associates. These high-value assets are located in the United Kingdom, the United States, Switzerland, Singapore, the British Virgin Islands, the Cayman Islands, Jersey, Italy, Japan, Indonesia, and several countries in Africa. The findings stem from the MACC's investigation in collaboration with the United Kingdom's National Crime Agency and the International Anti-Corruption Coordination Centre (IACCC). On June 3, the MACC obtained a restraining order from the Kuala Lumpur High Court under Section 53 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 for seven assets in the United Kingdom worth RM758mil. It said a Mutual Legal Assistance (MLA) application is being processed with UK authorities via the Attorney General's Chambers (AGC). Further discussions are also ongoing with the IACCC to ensure effective and proper enforcement action. Applications for restraining orders have also been filed against assets in Singapore and Jersey. The hearings for these applications, covering four bank accounts and investments worth RM1.15bil in Jersey, and 12 bank accounts and investments worth RM540mil in Singapore, were held at the Kuala Lumpur High Court on June 23 and 25. 'In addition, requests for further information regarding assets in the United States, Switzerland, the British Virgin Islands, the Cayman Islands, Italy, and Japan are being made through cooperation with Bank Negara, the IACCC, and MLA applications via the AGC. This is to facilitate legal and comprehensive action for asset seizure and forfeiture,' the commission said yesterday. Domestically, the MACC seized Ilham Tower on June 5 and filed a forfeiture application at the Kuala Lumpur High Court on June 25 for the property located at Jalan Binjai, Kuala Lumpur. The MACC also recorded statements from Na'imah and her son, Muhammed Amir Zainuddin Daim, on June 14 in relation to undeclared extraordinary assets. A statement from the couple's second son, Muhammed Amin Zainuddin Daim, currently in the United Kingdom, was also taken. All three are main shareholders of Ilham Baru Sdn Bhd, which is the majority shareholder of Ilham Tower Sdn Bhd and the beneficial owner of Ilham Tower. 'In line with Section 36(1) of the MACC Act 2009, Asset Declaration Notices were served on July 10 to 22 individuals identified as relatives and close associates of the late Tun Daim and Na'imah. This is for the purpose of identifying and confirming ownership of the assets,' the MACC said. It emphasised that the action taken is part of its duty to ensure there is no element of corruption, embezzlement, or abuse of power in the management of the nation's wealth. 'The MACC remains committed to conducting its investigation independently, transparently, and in accordance with the law, without interference or political influence,' it added.

[UPDATED] MACC seeks forfeiture of RM3b assets linked to Daim, family
[UPDATED] MACC seeks forfeiture of RM3b assets linked to Daim, family

New Straits Times

time11-07-2025

  • Business
  • New Straits Times

[UPDATED] MACC seeks forfeiture of RM3b assets linked to Daim, family

KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) is moving to seize and forfeit more than RM3 billion worth of assets allegedly linked to the late Tun Daim Zainuddin, his widow Toh Puan Na'imah Khalid, their family members, and close associates. In a statement today, the commission said its Special Operations Division had identified ownership of high-value assets in 11 countries. These countries include the United Kingdom, United States, Switzerland, Singapore, British Virgin Islands, Cayman Islands, Jersey, Italy, Japan, Indonesia, and several African nations. The investigation was carried out in cooperation with enforcement agencies in the United Kingdom, namely the National Crime Agency (NCA) and the International Anti-Corruption Coordination Centre (IACCC). So far, a restraining order was issued by the Kuala Lumpur High Court on June 3, under Section 53 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA), involving seven assets in the UK valued at RM758 million. "An application for Mutual Legal Assistance (MLA) is currently being processed with the UK authorities via the Attorney General's Chambers. Further coordination with the IACCC is ongoing to ensure effective enforcement," MACC said. The commission also filed similar restraining orders through the Kuala Lumpur High Court on June 19 for assets in Jersey and Singapore. The hearings took place on June 23 and 25. The assets in question include four bank and investment accounts in Jersey worth RM1.15 billion, and 12 accounts in Singapore amounting to RM540 million. MACC said additional requests for information on assets located in the United States, Switzerland, the British Virgin Islands, Cayman Islands, Italy, and Japan are being pursued with the assistance of Bank Negara Malaysia, the IACCC, and MLA applications. Locally, the commission confirmed that it seized Ilham Tower in Kuala Lumpur on June 5, following a court order issued a day earlier. A forfeiture application without prosecution was filed on June 25 under Section 56 of the AMLATFPUAA. As part of the ongoing probe, MACC recorded statements from Na'imah and her son, Muhammed Amir Zainuddin Daim, on June 14 regarding undeclared high-value commission plans to obtain a statement from their second son, Muhammed Amin Zainuddin Daim, who is currently residing in the UK. "All three individuals are key shareholders of Ilham Baru Sdn Bhd, which owns a majority stake in Ilham Tower Sdn Bhd. They have been identified as beneficial owners of Ilham Tower," the commission said. In line with Section 36(1) of the MACC Act 2009, the commission said it began issuing notices on July 10 to 22 individuals identified as close relatives and associates of Daim and Na'imah, requiring them to declare their assets for verification.

High Court to decide on Na'imah's legal questions appeal on Aug 12
High Court to decide on Na'imah's legal questions appeal on Aug 12

The Sun

time11-07-2025

  • Politics
  • The Sun

High Court to decide on Na'imah's legal questions appeal on Aug 12

KUALA LUMPUR: The High Court today fixed Aug 12 to deliver its decision on an application by Toh Puan Na'imah Abdul Khalid, the widow of the late former Finance Minister Tun Daim Zainuddin, to review the Sessions Court's decision that dismissed her request to refer legal questions in the undeclared assets case. Justice K. Muniandy set the date after hearing submissions from Deputy Public Prosecutor Law Chin How and counsel Datuk Dr Gurdial Singh Nijar, who represented Na'imah. Earlier, Law submitted that a case cited by the applicant had been taken out of context to sustain the notion that she, as a witness, is alleged to have a right to remain silent in the course of investigation. 'However, Section 30(5) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 stated that any person has no right to remain silent when he or she is required to assist an investigation. 'Therefore, the applicant is under a legal obligation to assist MACC in respect of the asset declaration of her late husband by complying with the notice under section 36(1)(b) of the MACC Act,' he said. Law said the question relating to Section 30(5) of the MACC Act raised by the applicant does not have a direct bearing on the matter of dispute or charge before this court. 'The applicant has failed to show to this court that Section 30(5) of the MACC Act is a clear transgression of the constitutional principles,' he said. Section 30(5) of the MACC Act states that a person who is being investigated for an offence under this act, or any other person whom the officer has reason to believe to have any information or document relating to the commission of such offence, may be examined orally by the officer investigating the offence, and shall be legally bound to answer such questions truly to the best of his knowledge or belief. Gurdial, however, contended that his client was called to assist in the investigation against her late husband, strictly in her capacity as a witness and at all material times, she was never regarded as a co-suspect. On Jan 23, 2024, Na'imah was charged in the Sessions Court for failure to comply with a notice to declare her assets, which included Menara Ilham and several other properties in Kuala Lumpur and Penang. She was charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years' imprisonment or a fine of RM100,000 upon conviction. On Feb 29, 2024, Na'imah filed an application to refer questions of law on Sections 30(5), 36(2) and 62 of the MACC Act 2009, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLA) 2001 to the High Court. However, on Feb 18 this year, Sessions Court Judge Azura Alwi dismissed Na'imah's application on the ground that it disclosed no merit, holding that no constitutional questions arose for determination. - Bernama

Decision on Na'imah's application over legal questions set for Aug 12
Decision on Na'imah's application over legal questions set for Aug 12

Malaysian Reserve

time11-07-2025

  • Politics
  • Malaysian Reserve

Decision on Na'imah's application over legal questions set for Aug 12

KUALA LUMPUR — The High Court today fixed Aug 12 to deliver its decision on an application by Toh Puan Na'imah Abdul Khalid (picture), the widow of the late former Finance Minister Tun Daim Zainuddin, to review the Sessions Court's decision that dismissed her request to refer legal questions in the undeclared assets case. Justice K. Muniandy set the date after hearing submissions from Deputy Public Prosecutor Law Chin How and counsel Datuk Dr Gurdial Singh Nijar, who represented Na'imah. Earlier, Law submitted that a case cited by the applicant had been taken out of context to sustain the notion that she, as a witness, is alleged to have a right to remain silent in the course of investigation. 'However, Section 30(5) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 stated that any person has no right to remain silent when he or she is required to assist an investigation. 'Therefore, the applicant is under a legal obligation to assist MACC in respect of the asset declaration of her late husband by complying with the notice under section 36(1)(b) of the MACC Act,' he said. Law said the question relating to Section 30(5) of the MACC Act raised by the applicant does not have a direct bearing on the matter of dispute or charge before this court. 'The applicant has failed to show to this court that Section 30(5) of the MACC Act is a clear transgression of the constitutional principles,' he said. Section 30(5) of the MACC Act states that a person who is being investigated for an offence under this act, or any other person whom the officer has reason to believe to have any information or document relating to the commission of such offence, may be examined orally by the officer investigating the offence, and shall be legally bound to answer such questions truly to the best of his knowledge or belief. Gurdial, however, contended that his client was called to assist in the investigation against her late husband, strictly in her capacity as a witness and at all material times, she was never regarded as a co-suspect. On Jan 23, 2024, Na'imah was charged in the Sessions Court for failure to comply with a notice to declare her assets, which included Menara Ilham and several other properties in Kuala Lumpur and Penang. She was charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years' imprisonment or a fine of RM100,000 upon conviction. On Feb 29, 2024, Na'imah filed an application to refer questions of law on Sections 30(5), 36(2) and 62 of the MACC Act 2009, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLA) 2001 to the High Court. However, on Feb 18 this year, Sessions Court Judge Azura Alwi dismissed Na'imah's application on the ground that it disclosed no merit, holding that no constitutional questions arose for determination. — BERNAMA

Na'imah's bid to refer legal questions: Court decision on Aug 12
Na'imah's bid to refer legal questions: Court decision on Aug 12

New Straits Times

time11-07-2025

  • Politics
  • New Straits Times

Na'imah's bid to refer legal questions: Court decision on Aug 12

KUALA LUMPUR: The High Court has set Aug 12 to deliver its verdict on Toh Puan Na'imah Abdul Khalid's bid to reinstate her challenge involving eight legal questions related to her failure to declare assets case. Judge K. Muniandy set the date after hearing submissions from all parties involved in the case today. On Feb 29 last year, Na'imah, 68, filed an application at the Sessions Court to refer legal questions pertaining to Section 30(5), 36(2) and 62 of the MACC Act, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act to the High Court. However, the lower court dismissed her application on the grounds that her argument, claiming the investigation under the said section had breached her constitutional rights, lacked merit. In today's hearing, deputy public prosecutor Law Chin How submitted that Section 30(5) was constitutionally valid, as it was intended to compel individuals assisting in corruption investigations to speak truthfully. He said Na'imah, who was called as a witness in a probe involving her late husband Tun Daim Zainuddin, had no right to remain silent during the course of the MACC's investigation. On June 13, Na'imah's lawyer Datuk Dr Gurdial Singh Nijar argued that the lower court's decision to dismiss his client application was a miscarriage of justice. He said the High Court should exercise its discretion to intervene and correct the miscarriage of justice caused by the erroneous dismissal under the MACC Act. He said the Sessions Court's dismissal of Na'imah application deprived her of her fundamental right, "thereby failing to ensure that the legal questions, which are central to the case, were properly addressed." Gurdial said the charge relates to an offence that is purely technical as she was issued with a Section 36(1)(b) notice in which she was asked to assist in investigations against Daim as a witness. He said at all material times, Na'imah was never a co-suspect. On Jan 23 last year, Na'imah, 67, was charged in the Sessions Court with failing to comply with a notice to declare her assets, including Menara Ilham and several other properties in Kuala Lumpur and Penang. The charge was brought under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, which carries a maximum penalty of five years imprisonment or a fine of RM100,000 upon conviction.

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