Thursday 25 Apr 2024
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KUALA LUMPUR (Feb 19): Aminah Abdullah, the mother of the late Tan Sri Jamaluddin Jarjis, denied in court here today that she was shown a faraid certificate involving her son's assets during a family meeting, after her son's death.

Under the Islamic principle of faraid, Aminah, as Jamaluddin's mother, is entitled to one-sixth of her son's assets. Aminah (plaintiff) said this during cross examination by lawyers representing Jamaluddin's children Nur Anis Jamaluddin and Ikhwan Hafiz Jamaluddin (defendants).

The lawyers asked Aminah whether she was aware that the defendants, being trustees of the late minister's estate, had planned to allocate the assets based on the faraid principle.
 
Aminah did not directly answer the question but instead said she did not agree to anything and did not sign anything relating to the allocation of Jamaluddin's estate.

"Were you aware that before [Ikhwan] Hafiz can obtain the faraid certificate, he has to get the agreement of all entitled persons?" lawyer Zuri Zabuddin Budiman asked Aminah.

"I don't know. He never told me," Aminah said.

Zuri: Do you agree that Ikhwan Hafiz had met with you to explain this matter to you?

Aminah: No

Aminah insisted she did not know anything about the matter, which led Zuri to repeatedly ask her similar questions. Aminah however recalled today of a family meeting in December 2016.

Aminah said she could not say anything during the meeting.

Frank Wong, another lawyer representing the defendants, put to Aminah that the meeting was to elect trustees of Jamaluddin's estate. Aminah however said today that she never said anything during the meeting.

Aminah also disagreed with the assertion that Anis and Ikhwan Hafiz were appointed as trustees and that she (Aminah) was shown the faraid certificate, besides a list of Jamaluddin's assets at the meeting.

Later, Zuri pointed out to Aminah's previous suit filed with the Syariah court. Aminah said she does not know what the court had previously decided.

Zuri: The court had decided to dismiss your claim.

Aminah: I disagree.

Zuri: Do you agree that the faraid case you filed previously is no longer ongoing at the Syariah court?

Aminah: I disagree.

Aminah also disagreed with the suggestion that Jamaluddin's Lembaga Tabung Haji savings, which was passed to Anis and Ikhwan Hafiz via their mother Dr Kalsom Ismail, were to be allocated based on the faraid principle.

Meanwhile, Aminah said she received Jamaluddin's Employees Provident Fund (EPF) savings, which, according to Wong, amounted to about RM800,000.

Wong: Did you pass the money to Anis and Ikhwan Hafiz to be divided based on faraid?"

Aminah: No.

Zuri and Wong subsequently ended their cross-examination. 

During re-examination by Aminah's lawyer Kamar Ainiah Kamaruzaman, the lawyer asked the plaintiff if she knew what assets Jamaluddin had.

Aminah said he had many assets and that they were beyond her comprehension. Kamar Ainiah subsequently wrapped up the re-examination.

The defendants' lawyers had later called in their first witness Datuk Rajadorai Muthan, who is the former chief financial officer of
Teras Dara Konsortium Sdn Bhd, which is linked to Jamaluddin.

Rajadorai said he was asked by Jamaluddin to act as a mentor to Anis and Ikhwan Hafiz and groom them, so they would be able to take over their father's business.

Pawancheek Merican, another lawyer representing Aminah, asked Rajadorai: "When did the late Tan Sri say this?"

Rajadorai said: "It was as early as 2008. He said that I have to stay on [in the company]. I would have retired in 2007 at age 55, but he didn't let me retire. He said I had a duty to fulfil."

Rajadorai said he used to meet Anis and explained to her the structure of Teras Dara, and showed Anis and Ikhwan Hafiz the group's short and long-term plans.

According to Rajadorai, he (Rajadorai) also went through the group's past performance and the direction the group was taking, to ensure it was successful.

Aminah is claiming a stake in companies under Teras Dara. Aminah is asking the court to declare that she is Jamaluddin’s lawful mother, hence a beneficiary of his estate and has an interest in the shares of Rantai Wawasan Sdn Bhd, Alpine Motion Sdn Bhd and Ivory Insights Sdn Bhd.

The shares of Rantai Wawasan, Alpine Motion and Ivory Insights have a combined value of RM1.35 billion. Aminah is claiming one-sixth of the value of these shares, based on the faraid principle.

It was reported that the three million shares in Rantai Wawasan are valued at RM1.044 billion, while the six million shares in Alpine Motion are worth RM233 million.

Meanwhile, the two shares in Ivory Insights are valued at RM80 million, according to news reports.

*story has been updated*

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