KUALA LUMPUR (July 4): Four entities out of 41 facing forfeiture proceedings involving 1Malaysia Development Bhd (1MDB) assets, told the High Court here that they are challenging the mode in which the prosecution is enforcing the process, as they are thinking of replying to the notice via testifying as witnesses and not through affidavits.
The four comprise former premier Datuk Seri Najib Razak's right hand man Tan Sri Bustari Yusuf, Jakel Trading Sdn Bhd, Mediaedge:cia Malaysia Sdn Bhd and Yayasan PBAKM. Bustari is also former works minister, Datuk Seri Fadillah Yusuf's brother.
Lawyers representing Bustari, Jakel, Mediaedge and Yayasan PBAKM made their clients' intentions of questioning the forfeiture mode to object the forfeiture before Justice Collin Lawrence Sequerah today.
Bustari was represented by lawyers Hisyam Teh Poh Teik and Datuk Kamarul Hisham Kamaruddin, while Habizan Rahman appeared for Jakel.
Mediaedge and Yayasan PBAKM were represented by lawyer Guok Ngek Seong, while Adaly Ab Manas appeared for Yayasan PBAKM.
Kamarul said: “We will be challenging the mode of commencement of the facts disputed in the present case and we reserve the right to present our objection via affidavit or otherwise."
Justice Sequerah fixed Sept 30 for submissions on the matter for Bustari, Jakel and Yayasan PBAKM; and Oct 1 to hear the arguments from Mediaedge.
Besides the four, the other cases which were heard today involved former minister of Land and Cooperative Development Tan Sri Kasitah Gaddam, Liberal Democratic Party (Sabah), as well as Yayasan Permata Malaysia, besides the UMNO Selangor and Johor liason committees.
Justice Sequerah fixed Sept 4 for gazette of the notice of seizure and case management for all the cases. He also fixed different dates for parties who want to challenge the notice to file their affidavits in reply.
The prosecution is led by Deputy Public Prosecutor Nik Haslinie Hashim.
The prosecution and government is said to be seeking between RM100,000 and more than RM11 million among the nine in today's proceedings, where RM11 million is said to be from Bustari alone.
At another court before Justice Mohamed Zaini Mazlan, the judge fixed Aug 6 to hear lawyers Datuk Shaharudin Ali and Mohd Khairul Azam Abdul Aziz's objection on the prosecution's move to substitute their claim on the late Datuk Seri Abdul Manan Ismail to his estate.
Shaharudin and Mohd Khairul made known to Justice Zaini the objection, resulting in the court fixing the hearing date before the gazette of the notice of forfeiture for third parties to challenge.
The actions on the 41 were filed by the Malaysian Anti-Corruption Commission (MACC) and the cause papers were filed last June 19, involving a sum of RM270 million.
In a related development, Malaysiakini reported today that Najib, his wife Datin Seri Rosmah Mansor and the couple's children Nooryana Najwa Mohd Najib and Nor Ashman Razak Mohd Najib, besides Najib's step son Riza Shahriz Abdul Aziz, will be objecting to third-party claims over their purported properties during case management before High Court deputy registrar Catherine Nicholas.
This was indicated by Najib and Rosmah's lawyer Syahirah Hanafiah, who said they will file a notice of motion to the High Court here to request for details of the seized items which were confiscated during a series of raids by authorities conducting investigations into 1MDB.
"The case management today was basically over the matter regarding the list (of seized items). And to get direction from Justice Zaini.
"However, we objected to one thing, which is on third-party claims (on the items). The reason we are objecting is because the properties seized belong to our client,” Syahirah was quoted as saying.