Puteri Umno, senior party leaders file legal challenge on MACC compounds

Puteri Umno and two senior party leaders have mounted legal bids to quash the RM25 million MACC compound notices against them for allegedly receiving RM10 million in 1MDB funds through former premier Najib Abdul Razak’s bank account.

Umno executive secretary Mohd Sumali Reduan, party Supreme Council member Ahmad Maslan and Johor Bahru party division chief Shahrir Abdul Samad each filed separate judicial review leave applications, through law firm Messrs Shahrul Hamidi & Haziq, at the Kuala Lumpur High Court Registry, on Nov 28, Dec 3, and Nov Nov 27 last year, respectively.

Sumali is acting on behalf of Puteri Umno in the legal action.

On Oct 7 during a press conference, MACC chief commissioner Latheefa Koya was reported saying that the anti-graft watchdog is issuing compound notices to 80 individuals and entities to recover over RM420 million of 1MDB monies allegedly received by them.

Among the names listed as purported recipients of 1MDB funds included former CIMB group chairperson Nazir Razak, who is also the brother of former premier Najib Abdul Razak; Umno Pontian MP Ahmad; Kota Baru Umno chief and former aide to Najib, Mohamad Fatmi Che Salleh; and former Felda chairperson Shahrir.

According to the cause papers obtained by Malaysiakini this afternoon, the applications named the MACC chief commissioner (who is not named) as well as the MACC itself as first and second respondents respectively.

The three applicants seek a court declaration, order of certiorari (an order from a higher court against a lower adjudicating body) and prohibitory order to nullify the Oct 7 decision to levy the compounds for purportedly being ultra vires (acting beyond one’s existing authority), invalid and unenforceable.

The trio seeks a court declaration that the Oct 7 decision, made under Section 92 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA), to purportedly recover from them funds allegedly from 1MDB, was “premature, misleading and a tort of misfeasance in public office”.

They seek a court order to compel the two respondents to pay compensation to them and in the event the court grants them leave to commence with their judicial review, for the said order to act as a stay on all proceedings linked to the fine until disposal of the judicial review proper and for the two respondents to bear legal cost, among other reliefs sought.

According to the cause papers, the three applicants said they received the MACC compound notices totalling RM25 million, dated Oct 7 and signed by MACC deputy chief commissioner (operations) Azam Baki.

Puteri Umno, Ahmad and Shahrir claimed that the compounds notices they received were invalid as the notices were made under Section 92(1) of AMLATFPUAA, which only came into force on Aug 8, 2014, while the alleged illegal proceeds were received before that date.

Puteri Umno claimed that its compound notice was for RM17.5 million compound, in relation to it having allegedly received RM7 million in illegal proceeds at CIMB Bank Bhd between 9am and 5pm between the period of Oct 3, 2012, and March 14, 2013.

Ahmad alleged that his compound notice was for RM5 million, over his purportedly having received RM2 million in suspected illegal proceeds at AmIslamic Bank Bhd between 9am and 5pm on Nov 27, 2013.

Shahrir claimed that his compound notice was for RM2.5 million, due to his allegedly having received RM1 million in illegal proceeds at Public Islamic Bank Bhd between 9am and 5pm on Nov 28, 2013.

Section 92(1) stated that the competent authority or relevant enforcement agency, offences as the case may be, may with the consent of the public prosecutor, compound any offence under the act or under regulations made under the act, by accepting from the person reasonably suspected of having committed the offence, such amount not exceeding fifty percent of the amount of the maximum fine for that offence, among others.

The trio alleged that the law that should have been used instead was “AMLATFA” (Anti-Money Laundering and Anti-Terrorism Financing Act) instead of AMLATFPUAA.

Puteri Umno, Ahmad and Shahrir further claimed that the MACC has no concrete evidence to back its assertion that monies from 1MDB ended up with the trio because Najib’s RM2.28 billion 1MDB trial is still ongoing and that the accused has not been convicted yet in that matter.

“The decision of the second respondent’s (MACC), which is controlled and directed by the first respondent (MACC chief commissioner), is not rational and nonsensical (tidak munasabah) because there is still no finding from the court that 1MDB funds received and used by Najib Abdul Razak were money laundering,” the cause papers of the three applicants said.

According to checks at the online cause list at ecourtservices.kehakiman.gov.my, Kuala Lumpur High Court judge Nordin Hassan is set to hear the three judicial review leave applications by Puteri Umno, Ahmad and Shahrir, on Jan 6.

The online cause list also revealed that on that same day, the same judge is set to hear similar judicial review applications by Penang Umno as well as four party divisions - Labis, Taiping, Batu and Indera Mahkota - against MACC and its chief commissioner. - Mkini

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