
Judge Amarjeet Singh fixed Dec 1 for hearing of the company’s application to stay the seizure order after hearing submissions from its lawyer Gurdial Singh Nijar, and senior federal counsel Nurhafizza Azizan.
The judge also granted an ad interim stay until Dec 1 to prevent the MACC from forfeiting the property.
“There’s no point in giving a hearing date when tomorrow you are going to forfeit the property. Anything done from now until the substantive hearing will jeopardise the entire application,” the judge said.
At the substantive hearing, the court is expected to hear arguments on the company’s bid for orders to quash the MACC’s seizure notice and lift its June 4 seizure of the property.
The company filed its application for leave on June 23.
It named Prime Minister Anwar Ibrahim, the government, MACC investigating officer Razi Rahhim, deputy public prosecutor Ahmad Akram Gharib, MACC chief Azam Baki, the MACC, and the public prosecutor as respondents.
Ilham Tower was first seized by the authorities in December 2023.
Under the law, a seized property may be held by the authorities for up to 18 months while investigations are ongoing.
In a supporting affidavit, company director Naimah Khalid, wife of the late finance minister Daim Zainuddin, said the 18-month period, which began when the tower was first seized on Dec 18, 2023, expired on June 17 this year.
She claimed that the second seizure on June 4, which took place about two weeks before the expiry of the first, was an attempt by the MACC “to wrongfully circumvent” the law.
The first seizure was carried out under Section 38(1) of the MACC Act, while the second was made under Section 51 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).