The Kuala Lumpur Magistrate’s Court has granted MACC’s application for arrest warrants to be issued against the late Daim Zainuddin’s sons, Amir and Amin Zainuddin, this evening.
However, lawyers representing the individuals, Nizamuddin Hamid and Rajesh Nagarajan, said magistrate Illi Marisqa Khalizan had also granted their application to stay the execution of the order in the interim.
The interim stay was granted pending their application to challenge the warrants, which they will file at the Kuala Lumpur High Court tomorrow.
“In essence, the Magistrate’s Court allowed MACC’s application for arrest warrants but at the same time, it also allowed (our) application for the order granted to be stayed, pending our application to set aside the order in the High Court and the disposal of such application.
“(So), there are no warrants of arrest as of now,” said Nizamuddin.
The lawyers told reporters after today’s proceedings that they were “ambushed” and caught by surprise by MACC’s application, which was made under Sections 47 and 48 of the Criminal Procedure Code.
“It is our position that this application is completely baseless. We had no idea such an application was coming, and MACC caught us completely by surprise despite constant communication between MACC and us.
“At no time did they (MACC) ever indicate that they were going to get arrest warrants or that they were planning to charge Daim’s children under Section 36(2) of the MACC Act.
“It is completely unacceptable that they ambush us like this,” Rajesh said.
‘Failed to comply with notice’
New Straits Times reported that MACC’s application for arrest warrants was made on the basis that the duo had failed to comply with their notice to appear in court to face charges.
Nizamuddin told reporters that MACC had informed the magistrate earlier that there were no communications between the individuals and the anti-graft commission.
“We feel the reason is unjustified. We respect the court’s decision, but there’s constant communication up until April 4. There’s no such thing as no communication by the children with MACC.
“We represent them (Amin and Amir), we communicated constantly and we reiterated that in court just now. We know of their whereabouts.
“There’s no such thing as absconding. That’s all sensational. We can contact them, we are their solicitors,” Nizamuddin stressed.
He added that in their communications to MACC, they had offered for either the questioning involving Amin and Amir to be conducted in July when the duo returns to the country from the UK, or for MACC’s representatives to take their statements at the Malaysian high commission in the UK.
Earlier today, Daim’s daughter Asnida had claimed trial at Kuala Lumpur Sessions Court against a charge framed under Section 36(2) of the MACC Act 2009 for failing to abide by a MACC notice to disclose her assets.
Judge Rosli Ahmad set her bail at RM50,000 and confiscated her passport.
Crackdown by MACC
On Feb 27, MACC sought public assistance to locate Daim’s four children - Asnida, Wira Dani, Amir, and Amin, to assist in their investigations.
In a statement yesterday, the MACC said that Asnida appeared and cooperated, while Wira had informed the MACC earlier regarding his absence.
MACC also noted the no-show by Amir and Amin.
Following this, MACC said it would collaborate with the Immigration Department to restrict and monitor the exit and entry movements and the passport status of the duo.
MACC also indicated that it would initiate a red notice through Interpol.
“The named individuals will also face legal action under Section 48(c) of the MACC Act 2009 for failing to comply with the Order to Attend Examination under Section 30(1)(a) of the same Act.
“MACC stresses that any failure to comply with the lawful instructions of this agency will not be tolerated, and enforcement action will be carried out without exception,” it said. - Mkini
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