Published: Thursday January 26, 2012 MYT 5:36:00 PM

Govt applies for KDSB, 8 others to deposit RM37mil as security

PUTRAJAYA: The Government has applied for an order that Kuala Dimensi Sdn Bhd (KDSB) and eight others deposit a sum of RM37,784,006 to the Court of Appeal as security pending disposal of its (government's) appeal at the court.

Deputy Public Prosecutor Robert Pasang Alam told a three-member panel chaired by Datuk K.N.Segara that the government would pursue that application despite the fact that its appeal was ready to be heard.

Lawyer Indran Navaratnam, representing KDSB, Transshipment Megahub Berhad, Coastal Skyline Sdn Bhd, Wijaya Baru Aviation Sdn Bhd, Wijaya Baru Sdn Bhd and Wijaya Baru Construction Sdn Bhd, had earlier proposed to the court to fix the hearing of the appeal on an urgent basis since the petition of appeal and records of appeal had already been filed.

He said there were volumes of documents including respondents' affidavits containing 3,000 pages.

He also asked the court not to make any order concerning the government's application (on the security deposit) as he said the application would be rendered academic if the appeal was heard and disposed off.

Lawyer Datuk K. Kumaraendran, for Bintulu MP Datuk Seri Tiong King Sing and Law Ka Hing, and lawyer Shamsul Sulaiman, representing the Selangor State Development Corporation supported the proposal.

When asked by Justice Segara whether the government was prepared to withdraw the application, Robert replied that he would still pursue it.

Justice Segara, who sat on the panel together with Justices Datuk Sulaiman Daud and Datuk Abdul Wahab Patail, then fixed Feb 15 for case management for parties in the matter to appear before the Court of Appeal registrar with respect to the appeal proper and the government's notice of motion (on the security deposit).

The government's appeal was with regard to the decision of the Kuala Lumpur High Court on Nov 4 last year to dismiss its (the government's) application to forfeit property valued at more than RM37 million owned by the two individuals and the seven companies that had managed the Port Klang Free Zone (PKFZ) project. The properties which had been seized between November 2009 and May 2010 were cash totalling more than RM32mil and six bankers cheques for RM5.491mil.

The High Court held that the government failed to adduce evidence that the properties were obtained as a result of, or in connection with, an offence under the Anti-Money Laundering and Anti Terrorism Financing Act 2001.

It (the High Court) also ordered that the freeze on the property be removed and the assets be returned to the respondents.

On Dec 15 last year, the High Court also denied the government's application for a stay order. BERNAMA

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