KUALA LUMPUR: Businessman Datuk Seri Nazir Hussin Akhtar Hussin and his brother's legal challenge against the Malaysian Anti-Corruption Commission (MACC) over its power to compel them to declare their assets has been transferred to the High Court's Appellate Special Powers Division.
Their lawyer, Mohd Rezan Ezra Mohd Mosinal, said the case was transferred during a case management held in chambers before High Court judge Kan Weng Hin.
Rezan said no date had been fixed for the next case management.
Nazir Hussin, 47, and his brother, Datuk Mubarak Hussain Akhtar Hussin, 50, filed an originating summons at the High Court on Oct 14 through Messrs Lee & Poh Partnership.
They named MACC Chief Commissioner Datuk Seri Abd Halim Aman and MACC senior director of intelligence Datuk Saiful Ezral Arifin as respondents.
They are seeking an injunction to restrain the respondents and their agents from issuing or serving either brother with a notice under Section 36 of the MACC Act, which empowers the commission to require individuals to provide information about their assets.
In a supporting affidavit, Nazir Hussin, a former Titiwangsa Umno Youth chief, said MACC officers raided their homes in Taman Seri Gombak Heights simultaneously on Sept 30.
He claimed no warrant was served on him or his brother, adding that an MACC officer seized his handphone and prevented him from contacting anyone.
He alleged that the officers told them they were being investigated for criminal breach of trust and abuse of power relating to the management of Yayasan Bank Rakyat, where he had previously served as chairman.
He alleged that the investigation was linked to a RM10 million investment by the foundation in 2020 and 2021.
During the 12-hour operation, he said the MACC seized 15 vehicles valued at RM31 million, 12 motorcycles worth RM5 million, five watches, jewellery and cash.
He said his three other homes were searched before he was brought to a clinic in the Putrajaya area, where he was told he would be remanded.
Nazir Hussin said he was first remanded from Oct 1 to Oct 5, with his remand extended for a further two days until Oct 7, when he was released.
Mubarak was remanded from Oct 1 to Oct 5 before being released.
Nazir Hussin said he had been informed that the MACC was preparing documents to serve him with a notice under Section 36 of the Act.
He argued that the seized assets, estimated at RM36 million, far exceeded the RM10 million in foundation funds allegedly misappropriated.
"There is no reasonable justification given by the MACC to issue the notice under Section 36.
"If it is issued, it is a fishing expedition attempt and violates the constitutional principle of protection against self-incrimination.
"In reality, the MACC does not have credible evidence to support the alleged criminal breach of trust claims against me.
"The issuance of such a notice in bad faith (mala fide) amounts to an abuse of process, contravenes the principles of administrative law, and is therefore invalid and should be declared null and void," he said in the affidavit.
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