KUALA LUMPUR (May 22): The High Court on Friday has dismissed the Malaysian Anti-Corruption Commission (MACC)’s application for a prohibitory order against Toh Puan Na'imah Abdul Khalid, her sister Khadijah Abdul Khalid, and son Muhammed Amir Zainuddin Daim, preventing them from dealing with their assets in Singapore.
Judge Datuk Mohd Arief Emran Arifin ruled that the MACC’s application had failed to satisfy the threshold of Section 53 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activity Act 2001.
“Hence, the application is dismissed,” the judge ruled.
Besides naming Na'imah, Khadijah and Amir, the prohibitory order also included a close associate of the late Tun Daim Zainuddin, Josephine Premla Sivaretnam, and four other companies.
Na'imah, Khadijah and others were represented by Datuk Dr Gurdial Singh Nijar, Abraham Au and Nizamuddin Abdul Khalid while deputy public prosecutor Mahadi Abdul Jumaat appeared for the prosecution. Au, when contacted by The Edge, confirmed Friday’s outcome.
In November last year, Arief Emran allowed their application to intervene in MACC’s ex-parte (one-sided) application for the prohibitory order and also to bar the media from reporting details of the assets.
Meanwhile the MACC in a statement on Friday evening took note of the High Court decision over the dismissal of their application for a prohibitory order for Na'imah, her sister, son and five others from dealing with the RM548 million kept in Singapore bank accounts.
"Following the decision the MACC will file a notice of appeal and the matter has been referred to the Attorney General Chambers," the statement added.
The prosecution has 14 days from today to file the notice of appeal.