
High Court Judge Mohd Nazlan Mohd Ghazali was supposed to hear the prosecution’s application to obtain a prohibition order, but he has been transferred to the High Court’s civil division since March 1.
Deputy public prosecutor Budiman Lutfi Mohamed told reporters today that Judge Ahmad Shahrir Mohd Salleh has fixed Sept 6 and 7 to hear the prohibition application during case management this morning.
Asked about the possibility of a settlement between the government and the relevant parties, Budiman said talks were ongoing, but did not give details.
Previously, the High Court was told that the parties were negotiating a settlement.
In its application filed on July 10, 2020, the government contended that the US$340,258,246.87 in law firm Clyde & Co LLP belonging to PetroSaudi and its subsidiary company PetroSaudi Oil Services (Venezuela) Limited was proceeds from unlawful activities.
The government cited Section 53 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act as the basis for its application.
According to the provision, the public prosecutor is allowed to make such a move if he is satisfied that the money was gained from unlawful activities.
Besides the US$340 million, the government is seeking to bar the use of money kept in a bank account under the name Temple Fiduciary Services Limited.
Malaysian Anti-Corruption Commission (MACC) investigating officer Mohd Afiq Abd Aziz affirmed an affidavit for this application.
He claimed the money was related to a conspiracy to defraud 1MDB involving Tarek, Low Taek Jho and former prime minister Najib Razak.
The US Department of Justice had also initiated forfeiture proceedings against Clyde & Co LLP last September to recover the same sum of US$340 million.