PETALING JAYA: Former prime minister Najib Razak and his wife Rosmah Mansor can apply to the High Court to return the movable properties seized by the police last year if they can prove that these were lawfully acquired, a lawyer says.
Rabinder Singh said even third parties who have an interest in the properties can do so if they are genuine or bona fide.
“The couple must show that the properties once in their possession were not acquired through illegal activities,” he told FMT.
He said the couple, or any other interested parties, have one month to respond after the government filed a civil forfeiture claim under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).
It was reported yesterday that the government has filed a suit against Najib, Rosmah and several others over the seizure of jewellery, cash, handbags and luxury vehicles believed to have been purchased with 1MDB money.
RELATED STORIES:
This follows two notices of motion and supporting affidavits filed at the High Court on Tuesday to seize a total of RM711 million worth of items from these individuals.
The first notice of motion was to seize a piece of property in the Klang Valley, cash (including in foreign currencies), jewellery, handbags, watches and sunglasses said to be worth RM680 million.
The second notice of motion was to seize RM31 million worth of items including 27 luxury cars, cash (including in foreign currencies) and more watches and bags, and to freeze 29 bank accounts.
On May 16 last year, police conducted a raid on several residences and offices linked to Najib.
Former Bukit Aman Commercial Crime Investigation Department director Amar Singh said then that the cumulative value of the items seized was estimated at between RM900 million and RM1.1 billion, making it the biggest seizure in the country’s history.
The 234 sunglasses alone, of various brands including Gucci, Versace and Cartier, were estimated to be worth some RM374,000, while the total amount of cash seized stood at RM116.7 million, according to Amar.
Umno made a claim for the RM116.7 million but the High Court struck out the claim two months ago.
Rabinder, who specialises in Amla, said the police had a maximum of three months to freeze the properties and another nine months to seize and place them under government custody.
“During this period, they could have filed a criminal charge against the couple or returned the seized items. But this was not done and the government is now relying on Section 56 of Amla to forfeit the properties,” he added.
Najib, in a Facebook posting, said the Pakatan Harapan government had no respect for the rule of law.
No mercy from me, Najib’s in-law told terrified Hermes bag seller
This story was first published in November, 2015,
Bella Belkin, the businesswoman who was trying to recover payment for Hermes bags bought by Maira Nazarbayeva and her son, was terrified when the latter dropped Prime Minister Najib Abdul Razak’s name and threatened to harm her.
Bella’s family was threatened by Maira at least three times since June this year, according to court documents obtained by Malaysiakini .
“As a result of Maira’s repeated threats to both Bella and (husband) Edward Belkin, the Belkins feared for their safety and for the safety of their children,” it said.
According to the documents filed with the Southern District of New York, the first threat, where Najib’s name was used, happened during a telephone conversation on June 16 this year.
The document claimed Maira said: “You know who my son is! He is son-in-law of the prime minister of Malaysia.
“Do you know what we can do to you and your family? I will hurt you. I will hurt you and your family if you sue me.
“You know what I can do to you and what I am capable of. You know what I did in Kazakhstan and I will do it here to you.”
Maira’s son, Daniyar Kessikbayev, is married to Najib’s daughter Nooryana Najwa.
Bella, who is Samilor Enterprises president, was trying to recover payment for seven Hermes bags worth US$401,912.50 (RM1.72 million) bought on Sept 15, 2014 and Jan 20, 2015.
‘Real possibly of threats being carried out’
The court filing, made through law firm Lark B Stumer & Associates, said Bella believed Maira’s threats were real due to the latter’s track record.
“This threat terrified Bella because at that time Bella recently learned what Maira was capable of and was already accused of doing in Kazakhstan.
“By way of pertinent background, upon information and belief, Maira is currently or was an international fugitive wanted by the Kazakhstan police and Interpol for various crimes, including kidnapping, use of threats of physical harm to extract funds from business associates and using threat to force another person to transfer real property to the name of a family associate.
“Numerous articles written about Maira reveal that she has ability and propensity to carry out her threats of physical harm against Bella and her family,” it said.
Three months later, Bella’s husband Edward contacted Maira by telephone to try to defuse the tension.
Edward then met Maira and Daniyar on Sept 30 at their home in Alpine, New Jersey.
“During the meeting, Edward asked Maira if she was able to pay the outstanding balance and Maira immediately threatened, ‘I am not paying you anything. You know what I can do. You know what I did in Kazakhstan. I will hurt you and your family’,” read the document.
‘You don’t bother me and I won’t bother you’
The court filing said Maira issued a third threat against the Belkins in a series of text messages on Oct 27 after she found out that they intended to sue her.
One of the text messages read: “You don’t bother me and I won’t bother you, now I am quiet, but you will not calm down, don’t expect mercy from me, it will cost you a lot.”
The court document further states: “For the purpose of clarity, ‘it will cost you a lot’ is a Russian expression that is a threat of physical harm and death.
“It does not pertain to a monetary or financial cost like it does in English.”
Following these threats, the Belkins filed a criminal complaint with the local police and the Federal Bureau of Investigation (FBI).
Bella also filed a civil suit against both Maira and Daniyar on Wednesday.
Rizal Mansor, an aide to the prime minister’s wife Rosmah Mansor, said Maira should be heard before judgment on her is passed.
“We are unsure about it, so we need to wait (for Maira’s lawyer to respond) as it is a one-sided claim from Bella.
“We have to wait for the other side to respond, therefore we (the PMO) cannot make any comments,” Rizal said.
Malaysiakini has contacted Maira’s publicist and is awaiting response.
FREE MALAYSIA TODAY / MKINI
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.