Court to rule on June 25 if woman ‘linked’ to Daim can challenge MACC notices

 

Former finance minister Daim Zainuddin and his wife were charged in the sessions court in Kuala Lumpur earlier this year for failing to comply with an MACC notice requiring a declaration of assets.

GEORGE TOWN: The Penang High Court will rule on June 25 whether to allow a woman to initiate judicial review proceedings to challenge three asset declaration notices issued to her by the Malaysian Anti-Corruption Commission (MACC) earlier this year.

Justice Anand Ponnudurai today allowed federal counsel Teh Li Siew to file additional written submissions to justify why former lawyer Josephine Premla Sivaretnam should be denied the opportunity to ventilate the merits of her case.

Anand, who heard the leave application online, gave Teh until Friday to file her submissions.

Teh also said the AG, as guardian of public interest, was opposing the grant of leave as the notices issued formed part of MACC’s investigative process and, therefore, cannot be challenged in court.

Josephine’s lawyer Amer Hamzah Arshad said the substantive complaint of his client, who denies any links to ex-finance minister Daim Zainuddin, should be heard as she is questioning the legality of the notices.

In 2021, a report by Malaysiakini said the Pandora Papers had linked Josephine to Daim.

For leave to be granted, an aggrieved party merely has to show that the application is not frivolous.

Josephine, 69, who filed the application last month, wants to quash the notices issued to her by MACC.

She said the notices issued in February, March and April under Section 36(1)(b) of the MACC Act 2009 were illegal, irrational and tainted with procedural impropriety.

She also wants a stay of all proceedings pursuant to the notices pending the disposal of her application.

In an affidavit in support, Josephine said the notices claimed that Daim was believed to have abused his power while in office. They also claimed that, as his associate, she might be able to assist in the probe.

However, she denies being Daim’s nominee, employee or trustee, or someone who had managed his business affairs.

She also said the notices sought information on assets acquired between 1997 till date, and that she had earlier requested for an extension of time to comply as the details were “impossible to compile”.

Josephine said the notices should only cover the period after the present MACC Act came into force from Jan 1, 2009.

Early this year, Daim and his wife Naimah Khalid were charged in the sessions court in Kuala Lumpur for failing to comply with an MACC notice requiring a declaration of assets.

Both pleaded not guilty to the charges, which carry a jail sentence of up to five years and a fine of not more than RM100,000 upon conviction. - FMT