THE High Court has granted a temporary suspension of an order freezing seven London properties and a bank account allegedly linked to Toh Puan Na’imah Abdul Khalid, the widow of former finance minister Tun Daim Zainuddin, and her family.
Judge Datuk Azhar Abdul Hamid made the decision after allowing an application by Na’imah’s counsel, Datuk Dr Gurdial Singh Nijar. The judge ruled that the freeze order, initially granted ex parte (in the absence of the other party), should have been heard on an inter partes basis (involving both sides).
The court had initially fixed Monday’s proceedings for the mention of the ex parte application, which had been granted to the Malaysian Anti-Corruption Commission (MACC) on 3 June under Section 53 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
The assets involved are reportedly worth GBP132 million (RM758.2 million) and include a commercial building at St Mary Axe, a property on Cheapside, and three luxury residences across Bryanston Square, Bryanston Mews, and Lancaster Gate. Two adjacent residential units on Gloucester Place and a bank account were also frozen.
According to the MACC, preliminary investigations suggest the properties and financial assets may be linked to offences under Section 4(1) of the same Act and involve undeclared income derived from within Malaysia.
However, Gurdial argued the application lacked clarity, including the omission of named respondents, and contended that the order should not proceed without a fair hearing.
“This order targets not just property but individuals. The application cannot proceed on an ex parte basis — it must be inter partes,” he said.
“We are not disputing MACC’s authority to investigate or to apply for such orders, but these must be done appropriately and in accordance with legal standards,” he added.
Deputy Public Prosecutor Wan Nor Iman Wan Mohd Afzal had earlier urged the court to maintain the freeze to prevent any disposal of assets during the investigation phase.
Separately, another High Court judge, K Muniandy, is set to hear a related application by Na’imah to intervene in a MACC request to freeze 12 investment accounts in Singapore, valued at over RM544 million, allegedly linked to her, her family, and close associates.
During the proceedings, Deputy Public Prosecutor Mahadi Abdul Jumat clarified that the current application was for a temporary freeze — not a forfeiture.
“This order is necessary to maintain the status quo. If no offence is found within a year, the assets will be returned,” he said.
The court has fixed 9 July to hear intervention applications from seven parties, including Ilham Foundation, in the same matter. - June 23, 2025
