This article first appeared in The Edge Financial Daily on January 6, 2020

KUALA LUMPUR: Former Felda chairman Tan Sri Shahrir Samad and former deputy finance minister Datuk Seri Ahmad Maslan are challenging the notices issued by the Malaysian Anti-Corruption Commission (MACC) to recover funds they allegedly received from former premier Datuk Seri Najib Razak, which originated from 1Malaysia Development Bhd (1MDB).

They filed separate applications for judicial review to challenge the compound notices last month, naming the MACC chief commissioner and the MACC as respondents.

Similar challenges have been filed by Umno supreme council member Datuk Mohd Sumaili Reduan, the Penang Umno liason committee and Batu Umno, Labis Umno, Indera Mahkota Umno and Taiping Umno divisions.

Their applications to seek permission to initiate the judicial review will be heard today before Justice Datuk Nordin Hassan.

MACC Chief Commissioner Latheefa Koya, when contacted, confirmed that its summonses were being challenged.

A judicial review application seeks to challenge a decision made by a government body, department or agency and the court has to grant permission before the full merits of the case will be heard.

If leave is not granted, the applicants can appeal to the Court of Appeal and the Federal Court, if they choose.

It was reported that in 2015, Shahrir, formerly the Johor Baru member of Parliament (MP), admitted receiving RM1 million from Najib and said it was normal to receive such funds from the Umno president.

Ahmad in October last year denied receiving funds from 1MDB and was quoted to have shown the police and the MACC evidence that he did not receive such money and was said to be discussing future action with his lawyers.

On Oct 7, Latheefa at a press conference announced that the MACC was taking action on 80 individuals and entities that were said to have received money from 1MDB and it was hoping to recover some RM420 million from the action.

She named Najib’s younger brother and CIMB Group Holdings Bhd former chairman Datuk Seri Nazir Razak, Shahrir and Ahmad as among those who had allegedly received funds laundered through accounts linked to Najib.

‘Compound of RM2.5 million offered’

A file search by The Edge Financial Daily showed that Shahrir sought leave to challenge the compound issued on him dated Oct 7, and a declaration that the actions taken by the chief commissioner and the MACC are illegal and hence should be declared null and void.

Shahrir further sought to quash the compound order, and an injunction on the MACC from enforcing the compound. He further sought a declaration that the chief commissioner’s action at the press conference in October was premature, misleading and an abuse of public office.

The former MP is seeking damages to be assessed by the court.

Shahrir said he was accused of money laundering in receiving the RM1 million, and was offered to pay a compound of RM2.5 million within 14 days of receiving the notice.

On Oct 16 last year, he lodged a police report claiming that there was no basis for the MACC to take such action and alleged that this was selective persecution.