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2024 MarsdenLR 365

HIGH COURT MALAYA KUALA LUMPUR
DR CHE ABDUL DAIM HAJI ZAINUDDIN & ORS – Appellant
Versus
SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA & ANOR – Respondent


Petitioner Advocates:Tan Sri Tommy Thomas,Mervyn Lai Wei Shiung,Rahayu Mumazaini,Alicia Gomez,Wong Ying Ying PDK ,Respondent Advocate: Shamsul Bolhassan SFC,Liew Horng SFC,Nurul Muhaimin Mohd Azman FC

JUDGMENT

Wan Ahmad Farid Wan Salleh J:

The Parties

[1] The 1st applicant is a practising advocate and solicitor and the former Minister of Finance. He was also the treasurer of UMNO from 1984 until his resignation in 2001.

[2] The 2nd applicant is the 1st applicant's wife. The 3rd to 6th applicants are the 1st applicant's children.

[3] The 7th applicant, Ilham Tower Sdn Bhd, is the registered proprietor of "Ilham Tower". Ilham Tower is the subject matter of a Notice of Seizure issued pursuant to s 38(1) of the Malaysian Anti-Corruption Commission Act 2009 ("MACC Act").

[4] The putative 1st respondent is the Malaysian Anti-Corruption Commission, a statutory body established under the Malaysian Anti-Corruption Commission, a statutory body established under the MACC Act. The putative 2nd respondent is the Public Prosecutor. Under s 376(1) of the Criminal Procedure Code ("CPC"), the Attorney General shall be the Public Prosecutor and shall have control and direction of all criminal prosecutions and proceedings under the Code.

The Factual Background

[5] It is the 1st applicant's case that, prior to joining politics and holding public office, he was a "fairly successful and wealthy businessman

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