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Wednesday, December 23, 2020

Umno’s appeal for return of 1MDB-linked RM116.7m fixed on Jan 6

 


The Court of Appeal has fixed Jan 6 next year to hear Umno’s appeal to recover RM116.7 million seized by the authorities during the investigation into 1MDB.

However, the legal team for the respondents in the matter is seeking a new hearing date due to a member of the legal team needing to attend a separate court hearing at Kota Kinabalu, Sabah, on that same date.

The respondents in the matter are Bukit Aman Commercial Crime Investigation Department (CCID) deputy director (intelligence/operation) Mohd Sakri Arifin, CCID assistant police commissioner R Rajagopal, Amar Singh Ishar Singh who was the then Bukit Aman JSJK director, the inspector-general of police and the government.

Umno’s counsel Hariharan Tara Singh confirmed the outcome during e-review (online) case management of the matter before the Court of Appeal deputy registrar KB Elena Wong at the Palace of Justice, Putrajaya, today.

He said that the Court of Appeal had earlier fixed the appeal for hearing on Jan 6 next year.

However, he explained that the respondent’s legal team today had sought postponement of the hearing to another date, so that the senior federal counsel from the team could attend the court hearing in Kota Kinabalu set on the same date.

“The hearing date on Jan 6, 2021, is maintained by the court as the panel have yet to give their decision as to whether they will allow the respondents’ request for an adjournment,” Hariharan told Malaysiakini.

Senior federal counsel Iznan Ishak represented the respondents in today’s case management.

On March 21 2019, the Kuala Lumpur High Court struck out the suit by Umno for the return of RM116.7 million impounded by the police during a 2018 raid on Pavilion Residences. 

Judge Nik Hasmat Nik Mohamad had allowed the striking-out application by the police and the government.

Senior federal counsel S Narkunavathy, who acted for the police and government, reportedly told the media that the court allowed the application on grounds that the legal action was trivial, an abuse of the court process and scandalous, among others.

Umno filed the suit at the Kuala Lumpur High Court on Sept 21, 2018, seeking for the seized money to be returned to the party.

In its statement of claim, the party, among others, sought a declaration that the raids and the impoundment carried out on May 17, 2018, at the premises on Tower B, Pavilion Residences, Jalan Raja Chulan, were wrongful in law.

The legal action named Sakri, Rajagopal, Amar Singh, the IGP and the government, as the first to fifth defendants. - Mkini

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