Their lawyer Marcel Jude Joseph told the High Court here that the case had been fixed for hearing today but his clients Ag Mohd Tahir Talib, 54, and his wife Fauziah Piut, 51, wanted to hear if the Attorney-General’s Chambers had any objection to their judicial review application.
Senior federal counsel (SFC) Andi Razali Jaya requested two weeks for hearing pending a response from the AG’s Chambers.
Justice P Ravinthran adjourned hearing to Feb 27.
In their application, Tahir and Fauziah who were not present in court today, named the Malaysian Anti-Corruption Commission (MACC) as the first respondent, while its director and its prosecution division as second and third respondents respectively.
They are seeking an order of certiorari to quash all allegations against them by reason that the MACC had acted ultra vires against the relevant provisions of the MACC Act 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (AMLATFPUA) Act 2001 and Articles 5(1) and 8 (1) of the Federal Constitution.
According to them, MACC had breached the rules of natural justice by the alleged unlawful and unwarranted disclosure to the public and press that items including cash that it seized on Oct 4, 2016 belonged inter alia to Tahir, notwithstanding the fact that the allegations of ownership and offences committed had yet to be proven in a court of law.
The former department director and his wife along with a state finance ministry adviser, Lim Lam Beng, 62, had pleaded not guilty to 37 counts of money laundering, involving RM61.57 million.
They were to be jointly tried with former SWD deputy director Teo Chee Kong, 52, who faces 146 counts of money laundering, involving more than RM32 million.
Ravinthran also adjourned the hearing of a judicial review filed by Teo, which was also scheduled today, to Feb 20.
Teo, who was present in court, sought judicial review on Sessions Court judge Abu Bakar Manat’s refusal to recuse himself as presiding judge in the case and the order of a joint trial, which Teo objects.
He also filed a notice of motion for the production of closed circuit television (CCTV) footage that Abu Bakar had dismissed.
Teo was represented by Nelson Wences Anggang and Ram Singh, while senior federal counsel Rustam Sanip represented MACC.
Sabah Watergate: Ex-official claims trial to 146 counts of embezzlement
MACC denies declaring Sabah Water Department case graft-free