Umno seeks to cite CIMB for contempt over refusal to return RM192m
Umno has filed an application to seek leave to commence contempt proceedings against CIMB Bank over refusal to return RM192 million to the political party.
The party’s lead counsel Hariharan Tara Singh recently confirmed the filing of the application at the Kuala Lumpur High Court Registry last month.
“(It is) Umno’s application for leave to cite CIMB Bank for contempt for refusing to comply with (Kuala Lumpur High Court judge) Justice (Mohamed) Zaini’s (Mazlan) earlier order to release the sum of RM192 million from Umno’s account at CIMB Bank,” Hariharan said.
On June 19, the High Court denied the prosecution’s application to temporarily stay the release of the RM192 million to Umno, pending the prosecution’s related appeal to the Court of Appeal.
The prosecution’s appeal at the Court of Appeal is in relation to the High Court’s Feb 7 decision to dismiss the suits to forfeit a total RM194 million in alleged 1MDB-linked funds from Umno and three others.
The forfeiture suit against Umno alone was to recover the RM192 million in funds allegedly from 1MDB.
The prosecution’s appeal at the Court of Appeal (against the Feb 7 High Court decision) is set for hearing on Aug 25.
Meanwhile, during the mention of Umno’s contempt bid at the High Court today, Zaini set the matter for further case management on Monday to update the court on the outcome of a separate stay application before the Court of Appeal tomorrow.
It was reported that the Court of Appeal fixed tomorrow to hear the prosecution’s application to stay the High Court’s Feb 7 ruling, pending disposal of its (prosecution) appeal against the said verdict.
During today’s mention, CIMB’s counsel Rabindra Nathan informed the court that the bank has filed a separate application for clarification on whether it could release the RM192 million to Umno.
Rabindra said this is because there is uncertainty whether the High Court order takes precedence over a MACC notice freezing the account in the first place.
He said his client is “quite happy to release the money” but due to the appeal lodged with the Court of Appeal, among others, the bank is concerned over the legal repercussion of releasing the money.
“We are caught between a rock and a hard place,” Rabindra said.
When Zaini queried the prosecution, MACC Legal and Prosecution Division director Roslan Mat Nor informed the court that as far as the prosecution is concerned, the High Court’s ruling was clear and to take effect immediately, thus the money can be returned to Umno then.
However, Roslan added that this is still subject to the outcome of the prosecution’s stay application at the Court of Appeal tomorrow.
When met after the proceedings today, Hariharan confirmed the set date.
The lawyer said it is interesting that the MACC DPP today confirmed that the bank can release the money and that it would have not suffered legal repercussions if it had done so earlier after the High Court ruling.
