Latest news with #RulesofCourt2012
New Straits Times
5 days ago
- Politics
- New Straits Times
Najib gets nod to attend addendum hearing
PUTRAJAYA: The Federal Court has allowed Datuk Seri Najib Razak's application to attend the court hearing of his judicial review challenging the existence of his house arrest order. A three-member bench led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim made the ruling after allowing Najib's lawyer Tan Sri Muhammad Shafee Abdullah's application today. Other members of the bench were Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah. Federal Counsel Ainna Sherina Saipolamin, who appeared for the Attorney-General's Chambers, did not object to the former prime minister's application. The A-GC filed the appeal after the Court of Appeal granted Najib permission to initiate a legal bid to review the existence of an addendum order and to adduce additional affidavits in support of his application. On April 28, the same court unanimously granted the A-GC's leave (permission) application to present its arguments to overturn the Court of Appeal's ruling. The top court said the proposed questions raised by Attorney-General (A-G) Datuk Mohd Dusuki Mokhtar had passed the threshold requirements for leave to be granted under Section 96 of the Courts of Judicature Act (CJA) 1964. "The questions posed are novel and raise issues of public importance, which should be further ventilated before this court. "The questions are of public importance and can provide guidance to the courts on the correct approach to adopt when dealing with the admission of or the addition of evidence. "The questions also pertain to the role of the A-G in judicial review proceedings, particularly whether the A-G is duty-bound under the law to confirm the existence of and supply copies of the impugned documents. "The applicant also seeks to argue whether the A-G has an obligation to defend or verify the evidence at the leave stage of judicial review proceedings, in light of the provisions of Order 53 of the Rules of Court 2012," said the court. The hearing is scheduled to begin on July 1. On Jan 6, a three-bench Court of Appeal panel led by Datuk Azizah Nawawi, in a split decision, also allowed Najib to adduce additional affidavits to support his application. Other members of the bench were Datuk Azhahari Kamal Ramli and Datuk Seri Mohd Firuz Jaffril. Firuz, when reading the majority decision, said the evidence concerned was not available when they (the appellant) initially filed the leave to initiate a judicial review before the High Court last year. Meanwhile, Azizah, in her minority decision, said there was no appealable error made by the lower court in ruling that the evidence presented in the hearing was hearsay. Najib claims that a royal addendum allows him to serve the remainder of his jail term under house arrest. He is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the alleged additional document dated Jan 29, 2024. Najib is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd. The High Court had sentenced him to 12 years in prison with a fine of RM210 million, and the verdict was subsequently upheld by the Court of Appeal and the Federal Court. However, his prison sentence was halved to six years and his fine was reduced to RM50 million following his petition for a royal pardon. Najib later filed an application on an alleged addendum order signed by the 16th Yang di-Pertuan Agong, allowing him to serve the remainder of his prison sentence under house arrest. Previously, the High Court had dismissed his application.
New Straits Times
02-06-2025
- Politics
- New Straits Times
Three MPs seek to join proceedings involving Anwar as observers
KUALA LUMPUR: Three members of parliament have applied to the High Court for permission to join proceedings involving Prime Minister Datuk Seri Anwar Ibrahim's bid to refer eight legal questions to the Federal Court. The questions include whether Anwar has immunity from a civil suit filed against him four years ago by his former research assistant, Muhammed Yusoff Rawther. Anwar, who is the Tambun member of Parliament, filed to have the questions referred to the Federal Court and to postpone the main trial until the apex court delivers a decision. The High Court is scheduled to hear this application tomorrow before Judge Roz Mawar Rozain. The three applicants, Datuk Seri Hamzah Zainudin (PN-Larut), Datuk Seri Dr Ahmad Samsuri Mokhtar (PN-Kemaman, and Datuk Seri Dr Ronald Kiandee (PN-Beluran), submitted their request via e-filing yesterday to be allowed to attend the hearing as observing counsel. Their application, filed under Order 92(4) of the Rules of Court 2012, Article 128(2) of the Federal Constitution, and Section 84 of the Courts of Judicature Act 1964, argues that they have a vested interest in the matter as members of parliament. According to legal firm Wan Jawahir & Takiyuddin, acting for the trio, the legal questions raised, particularly Articles 39, 40, 43, and 128(2) of the Federal Constitution, are of public importance and may influence parliamentary debates and public discourse. "Given the significance of these constitutional matters, we believe these MPs deserve access to the proceedings in an official capacity as observers to better inform their roles and responsibilities in Parliament," the firm said in its application. They also requested the court to allow Tan Sri Azhar Azizan Harun, Datuk Seri Takiyuddin Hassan, and Datuk Seri Zulkifli Noordin to attend as observing counsel representing the three parliamentarians throughout the proceedings. Yusoff's lawyer, Muhammad Rafique Rashid Ali, confirmed receiving a copy of the application and said it may be presented to the court during tomorrow's session.
The Sun
29-05-2025
- Business
- The Sun
Transparency in banking vital to combat fraud, build trust, says legal expert
KUALA LUMPUR: Consistent and transparent disclosure of internal compliance information by banks—particularly in cases involving suspicious cross-border remittances—is key to boosting corporate confidence in Malaysia's financial system, said legal expert Datuk J. Shamesh. He said pre-action discovery mechanisms, increasingly recognised by Malaysian courts, are playing a pivotal role in compelling financial institutions to disclose crucial documents that could help uncover fraudulent transactions. 'Legal tools such as the Norwich Pharmacal relief and Order 24 Rule 7A of the Rules of Court 2012 allow aggrieved parties to seek access to a bank's internal documents—even before initiating formal legal proceedings—especially in cases involving potential fraud, money laundering or questionable transfers,' said Shamesh. Speaking to Bernama, the lawyer also highlighted that while these tools are not intended to implicate the bank, they enable access to records that may assist in identifying wrongdoers or enforcing legal rights. The corporate lawyer cited the case of First Malaysia Finance Bhd v Dato' Mohd Fathi Haji Ahmad [1993] 3 CLJ 329, in which the court endorsed the Norwich Pharmacal principle, ruling that a third party, such as a bank, can be ordered to disclose information if it is innocently mixed up in potential wrongdoing. Shamesh explained that this decision confirms that compliance records, anti-money laundering (AML) frameworks, internal alerts, and audit trails can be disclosed when legitimate legal interests are at stake. He further noted that courts may issue disclosure orders when there is evidence of fraud, financial misconduct, the use of third-party accounts for illicit fund transfers, suspected breaches of internal compliance policies, or money laundering activities involving cross-border transactions. 'These disclosures are especially important when doubts arise about a bank's internal controls or when red flags are raised during due diligence,' he added. Shamesh stressed that consistent and transparent cooperation by banks in such proceedings could significantly strengthen trust among corporate clients. 'Corporates want assurance that financial institutions will support legitimate investigations and are not safe havens for questionable remittances,' he said. However, he cautioned that resistance or selective disclosure by banks could backfire, potentially undermining public and corporate confidence in the sector's commitment to transparency. 'If applied consistently, these disclosure practices not only reinforce governance and compliance standards but also send a strong message that banks are active partners in the fight against financial crime,' he said.
The Sun
29-05-2025
- Business
- The Sun
Transparency in banking vital to combat fraud, build trust
KUALA LUMPUR: Consistent and transparent disclosure of internal compliance information by banks—particularly in cases involving suspicious cross-border remittances—is key to boosting corporate confidence in Malaysia's financial system, said legal expert Datuk J. Shamesh. He said pre-action discovery mechanisms, increasingly recognised by Malaysian courts, are playing a pivotal role in compelling financial institutions to disclose crucial documents that could help uncover fraudulent transactions. 'Legal tools such as the Norwich Pharmacal relief and Order 24 Rule 7A of the Rules of Court 2012 allow aggrieved parties to seek access to a bank's internal documents—even before initiating formal legal proceedings—especially in cases involving potential fraud, money laundering or questionable transfers,' said Shamesh. Speaking to Bernama, the lawyer also highlighted that while these tools are not intended to implicate the bank, they enable access to records that may assist in identifying wrongdoers or enforcing legal rights. The corporate lawyer cited the case of First Malaysia Finance Bhd v Dato' Mohd Fathi Haji Ahmad [1993] 3 CLJ 329, in which the court endorsed the Norwich Pharmacal principle, ruling that a third party, such as a bank, can be ordered to disclose information if it is innocently mixed up in potential wrongdoing. Shamesh explained that this decision confirms that compliance records, anti-money laundering (AML) frameworks, internal alerts, and audit trails can be disclosed when legitimate legal interests are at stake. He further noted that courts may issue disclosure orders when there is evidence of fraud, financial misconduct, the use of third-party accounts for illicit fund transfers, suspected breaches of internal compliance policies, or money laundering activities involving cross-border transactions. 'These disclosures are especially important when doubts arise about a bank's internal controls or when red flags are raised during due diligence,' he added. Shamesh stressed that consistent and transparent cooperation by banks in such proceedings could significantly strengthen trust among corporate clients. 'Corporates want assurance that financial institutions will support legitimate investigations and are not safe havens for questionable remittances,' he said. However, he cautioned that resistance or selective disclosure by banks could backfire, potentially undermining public and corporate confidence in the sector's commitment to transparency. 'If applied consistently, these disclosure practices not only reinforce governance and compliance standards but also send a strong message that banks are active partners in the fight against financial crime,' he said.
New Straits Times
29-05-2025
- Business
- New Straits Times
Transparency in banking vital to combat fraud, build trust, says legal expert
KUALA LUMPUR: Consistent and transparent disclosure of internal compliance information by banks—particularly in cases involving suspicious cross-border remittances—is key to boosting corporate confidence in Malaysia's financial system, said legal expert Datuk J. Shamesh. He said pre-action discovery mechanisms, increasingly recognised by Malaysian courts, are playing a pivotal role in compelling financial institutions to disclose crucial documents that could help uncover fraudulent transactions. "Legal tools such as the Norwich Pharmacal relief and Order 24 Rule 7A of the Rules of Court 2012 allow aggrieved parties to seek access to a bank's internal documents—even before initiating formal legal proceedings—especially in cases involving potential fraud, money laundering or questionable transfers," said Shamesh. Speaking to Bernama, the lawyer also highlighted that while these tools are not intended to implicate the bank, they enable access to records that may assist in identifying wrongdoers or enforcing legal rights. The corporate lawyer cited the case of First Malaysia Finance Bhd v Dato' Mohd Fathi Haji Ahmad [1993] 3 CLJ 329, in which the court endorsed the Norwich Pharmacal principle, ruling that a third party, such as a bank, can be ordered to disclose information if it is innocently mixed up in potential wrongdoing. Shamesh explained that this decision confirms that compliance records, anti-money laundering (AML) frameworks, internal alerts, and audit trails can be disclosed when legitimate legal interests are at stake. He further noted that courts may issue disclosure orders when there is evidence of fraud, financial misconduct, the use of third-party accounts for illicit fund transfers, suspected breaches of internal compliance policies, or money laundering activities involving cross-border transactions. "These disclosures are especially important when doubts arise about a bank's internal controls or when red flags are raised during due diligence," he added. Shamesh stressed that consistent and transparent cooperation by banks in such proceedings could significantly strengthen trust among corporate clients. "Corporates want assurance that financial institutions will support legitimate investigations and are not safe havens for questionable remittances," he said. However, he cautioned that resistance or selective disclosure by banks could backfire, potentially undermining public and corporate confidence in the sector's commitment to transparency. "If applied consistently, these disclosure practices not only reinforce governance and compliance standards but also send a strong message that banks are active partners in the fight against financial crime," he said.
