KUALA LUMPUR, Toh Puan Na’imah Abdul Khalid has pushed back against the Malaysian Anti-Corruption Commission’s (MACC) move to compel Ilham Baru Sdn Bhd and Ilham Tower Sdn Bhd’s company secretary to surrender corporate documents, describing the action as a “fishing expedition” in its forfeiture case involving Ilham Tower.
The iconic tower in central Kuala Lumpur, linked to the late former finance minister Tun Daim Zainuddin and his widow Na’imah, is currently the subject of two forfeiture applications by the MACC — proceedings that Na’imah is actively contesting.
In her affidavit supporting a suit filed by Ilham Baru and Ilham Tower on Sept 9 against their company secretary, Rebecca Lee Ewe Ai, Na’imah argued that MACC’s demand for additional documents shows the agency lacks sufficient evidence to support its case.
She contended that the commission should have gathered all necessary information before initiating the forfeiture bid.
“A forfeiture under Section 56 of the Anti-Money Laundering Act 2001 (AMLA) is carried out without criminal charge or conviction. Since the application has already been filed, it is reasonable to assume that the MACC should have had enough evidence beforehand,” Na’imah stated.
She further claimed that the order served on Lee demonstrates the contrary, suggesting that the MACC is only now attempting to fill evidentiary gaps after filing the application.
Through Messrs Zharif Nizamuddin, the two companies are seeking a permanent injunction to prevent Lee — directly or through her agents or employees — from disclosing non-public company records not available through the Companies Commission of Malaysia (SSM), unless with the express consent of the firms.
On Wednesday, High Court judge Wan Muhammad Amin Wan Yahya granted an ad-interim injunction until Oct 9, 2025, or further order, restraining Lee from handing over any private documents in her custody to third parties, including the MACC. The court also directed that case papers be served on the commission so the plaintiffs’ position can be heard.
Na’imah stressed that as company secretary, Lee has no authority to share confidential records without the companies’ approval. She cited Section 351 of the Companies Act 2016, which empowers the court to hear the matter and grant the relief sought.
Separately, beyond the Ilham Tower forfeiture proceedings, the MACC has also applied for prohibitory orders covering Na’imah’s overseas assets. These include holdings in the UK valued at £132 million (RM755.1 million), assets in Jersey worth US$157.5 million (RM667.0 million) and £85 million (RM490.7 million), and approximately RM544 million in Singapore-based assets.
