KUALA LUMPUR (Jan 3): Former Lembaga Tabung Haji chairman Datuk Seri Abdul Azeez Abdul Rahim's family members and their company Azeera Management Consultants (M) Sdn Bhd have filed a letter of representation to the Attorney-General's Chambers (AGC) with regard to the prosecution's attempt to forfeit RM16 million said to be from money-laundering activities.
Abdul Azeez's counsel Datuk Prem Ramachandran told the High Court on Monday (Jan 3) there were two developments regarding the case as the defence sent the letter of representation to the AGC for consideration on Nov 16, 2021.
“There is also a report regarding the case submitted to the AGC's higher management and they have yet to sit to discuss the matter. I am made to understand the chambers would discuss the matter within three weeks' time.
“In addition, there is also some development with regard to Abdul Azeez's criminal matter, where there is consideration for the withdrawal of the charges being made where the sum is reduced from RM5.2 million to some RM3 million,” he said, adding that they also received a third affidavit from the investigating officer on Dec 31, and there is the possibility of a need to reply.
Hence, Prem Ramachandran, who appeared with SK Shaarvin Raaj, informed Justice Datuk Muhammad Jamil Hussin to consider postponing Monday's scheduled forfeiture hearing and await the outcome of the representation letter.
A representation letter is sent by the defence for consideration to the AGC to either drop or reduce a charge or offence the accused person is facing.
Initially, Justice Jamil fixed Monday as the hearing date for the forfeiture proceedings.
Deputy Public Prosecutor (DPP) Nik Haslinie Hashim, who appeared with DPP Azlinda Ahad, concurred with what Prem Ramachandran had said.
“The representation letter has been sent and forwarded to the head of prosecution of the AGC for further direction. There has been subsequent investigation being made on this matter.
“The prosecution is also not objecting if the defence wants to file an affidavit in reply to the investigation officer. We have emailed the affidavit dated Dec 31, the same day,” she said.
Nik Haslinie said they would not object to the postponement sought and suggested that a case management date be fixed for the prosecution to reply to the representation.
Lawyer Poh Choo Hoe who appeared for third party Maybank Islamic claiming a Bandar Sunway property said he had no objection to the adjournment.
Following that, Justice Jamil fixed Feb 8 for case management of the case to possibly inform the outcome of the representation letter.
The prosecution filed the forfeiture suit in September 2019, where the government is applying to forfeit almost RM16 million from the accounts belonging to Abdul Azeez's wife Datin Seri Khadijah Mohd Noor, their four children and also a shoplot in Bandar Sunway, which is owned by their company.
Based on the cause list on the e-filing website, the government initiated the suit to forfeit the money from the personal Tabung Haji accounts of Khadijah and their four children, Mohamed Khairul Anwar, Mohamed Khairul Azman, Khaleeda Azwav and Khaleeda Azeera, and the account of Azeera Management Consultants, the company belonging to them.
On Dec 18, 2019, the court dismissed the family's application to stay the forfeiture proceedings pending the disposal of the Baling Member of Parliament's (MP) ongoing corruption case in the Sessions Court.
Abdul Azeez is currently on trial for three counts of accepting bribes amounting to RM5.2 million in connection with road projects in Perak and Kedah and 10 counts of money laundering involving a total of RM13.9 million which he allegedly received from Menuju Asas Sdn Bhd.
However, the trial has been postponed pending his appeal in the Court of Appeal to have the case against him struck out after the High Court in March last year dismissed the Baling MP's striking out application.