KUALA LUMPUR: The High Court today rejected an application by family members of former Tabung Haji chairman Datuk Seri Abdul Azeez Rahim and their company to postpone the forfeiture suit against them.
The suit was filed by the government to forfeit almost RM16 million from the accounts of Azeez's wife, their four children and an office unit belonging to the company.
Judge Datuk Muhammad Jamil Hussin in his decision said the applicants (Azeez's family and company) had shown no special circumstances warranting a stay of the forfeiture proceeding.
In their application, they had sought for the proceeding to be stayed pending the disposal of Azeez's ongoing corruption case at the Sessions Court.
They argued that disclosing his defence in the forfeiture matter would prejudice him.
However, Muhammad Jamil said this was not an issue since Azeez did not file an affidavit to show that it would prejudice his defence in his criminal case.
"The proceedings in the Sessions Court and the case before this court are two different matters.
"The forfeiture application is regarding the assets while the case in the Sessions Court is in relation to the accused," he said in dismissing the stay application.
Earlier, deputy public prosecutor Nik Haslinie Hashim submitted that the assets which were the subject matter of the forfeiture application belonged to the respondents (Azeez's family and company).
Therefore, she said it was up to them to prove that the assets were legitimate, as they claimed.
She said under Section 56(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, the High Court could make an order of forfeiture without having to wait for an order of conviction on Azeez.
"The decision by the trial court is different from the court hearing the forfeiture application.
"Now, the burden to prove that the assets were not gained from unlawful activities is on them," she said.
Counsel A. Ashok appeared for Azeez's family and company.
The court later fixed March 26 next year for any interested party to claim ownership of the assets after the prosecution applied for an order for a third party notice to be gazetted.
In the forfeiture suit, the government named Khadijah Mohd Noor (Azeez's wife) and Azeez's children Mohamed Khairul Anwar, Mohamed Khairul Azman, Khaleeda Azwa, Khaleeda Azeera and Azeera Management Consultants (M) Sdn Bhd, a company owned by the family, as the respondents.
The government is seeking to forfeit money from the personal accounts of the family and the bank account of the company.
Azeez is currently on trial for three counts of bribery involving RM5.2 million linked to road projects and nine counts of money laundering involving nearly RM140 million.
The Baling MP is being tried together with his brother Datuk Abdul Latif who was charged with abetting him.- NST
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