KUALA LUMPUR (Oct 19): Brothers and Avangard Bhd (KL:Avangard) directors Datuk Seri Nazir Hussin Akhtar Hussin and Datuk Mubarak Hussain Akhtar Husin have filed a court action to challenge the Malaysian Anti-Corruption Commission’sasset declaration order as unconstitutional.
The action named the MACC chief commissioner Datuk Seri Abd Halim Aman and senior director of its intelligence division, Datuk Saiful Ezral Aridin as respondents. It was filed by Messrs Lee & Poh Partnership at the High Court here on Oct 14 and was fixed for case management before Judge Kan Weng Hin on Monday.
They want the court to bar the respondents or their representatives from handing to them the asset declaration notice under Section 36 of the MACC Act.
The brothers also want to prevent the respondents from accessing their assets, and are also seeking a stay against any action against them pending disposal of the matter.
However, Nazir and Mubarak's counsel, Mohd Rezan Ezra Mohd Mosinal and Aisyah Farhah, told the media when met after proceedings that the case has been transferred to the Appellate and Special Powers Division of the High Court as Kan felt there were constitutional questions that had to be answered.
He added that they had also served the court documents to the Attorney General Chambers on Friday.
Nazir and Mubarak were remanded by MACC over alleged abuse of power and irregularities in a RM10 million investment in Yayasan Bank Rakyat funds. Nazir is Yayasan Bank Rakyat chairman.
Both of them have gone on garden leave from their Avangard positions.
Nazir, who is also an executive director at Kinergy Advancement Bhd (KL:KINERGY), has also gone on garden leave from the energy and engineering group.
Both of them have filed a certificate of urgency to hasten their case.
Businessman claims Section 36 notice unconstitutional
Nazir, 47, in the affidavit in support claims that Section 36 of the MACC Act is unconstitutional, invalid and should be struck out. He also wants the court to bar the MACC or its agents from handing the notice to either of them.
He added that the allegation that he had committed criminal breach of trust on Yayasan Bank Rakyat funds had ill-intent (mala fide).
Nazir said they want an action to bar the respondents from gaining access to their assets.
He added that he is an Umno member and also Titiwangsa Umno youth head and has a reputation in business.
The businessman claimed that on Sept 30, MACC officers raided his Batu Caves home and Mubarak’s home at Taman Sri Gombak Heights on suspicion that Nazir had abused his position at Yayasan Bank Rakyat to misappropriate RM10 million between 2020 and 2021.
Nazir claimed no warrant was issued on him or his brother, and his handphone was seized and home ransacked.
A total of 15 cars worth RM31 million and 12 motorcycles worth another RM5 million, cash and jewellery were seized by the MACC from both homes. Following that, they accompanied MACC officers on searches at three other homes in KL.
Nazir alleges he was remanded for seven days and was released on Oct 7 and his brother Mubarak was released two days earlier.
He claims that he was described as a robber in a MACC TikTok video, which had tarnished his and his family’s reputation.
The businessman said the RM10 million withdrawn from Yayasan Bank Rakyat was invested with due diligence and through corporate governance.
He denied the allegation in the TikTok post that his seized assets totalled RM36 million.
Nazir claimed the notice was mala fide, an abuse of process and violated the principles of law and administration, and hence invalid.
He claimed that the notice violates Article 5(1) of the Constitution in forcing one to incriminate oneself and to deny a person a fair trial.
“I have not been charged with any offence,” Nazir added.