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DUKE crash: upholds application to freeze bank accounts containing orphans’ donations

KUALA LUMPUR: The Syariah High Court today upheld an application by a businesswoman who had sought to freeze her two younger brothers’ bank accounts which were used to receive donations for their two orphan nieces.

Syarie judge Nassir Abdul Aziz made the decision after dismissing an ex-parte application by Hamlizar Husain, 44, dan Muhammad Faizznur Asyraf Husain, 26, to set aside the order to freeze their accounts.

Nassir had ordered for three accounts belonging to the two unemployed men to be frozen until the disposal of the case regarding the custody and maintanance allowance (nafkah) of the two girls.

The two girls, Nur Firuza Amira, 8, and Nur Firuza Aqila, 4, lost their parents and six-month old baby sister Nur Firuza Annisa in a fatal accident at the Duta-Ulu Kelang (DUKE) highway last year.

Yusnidah Husain, 48, who now has temporary custody of the two girls had obtained the order to freeze her two younger brothers’ accounts on May 19.

The two had then filed an ex parte application on July 19 to challenge the order.

Among others, the judge today instructed Maybank’s management to give full cooperation in supplying any documents regarding the transactions of contributions by the public in the three accounts The court had also ordered for Yusnidah to appoint a certified accountant to audit the transactions of the three accounts to obtain the total amount of contribution creditted by the public and the actual amount that has been withdrawn or any other discovery.

“The reports must be filed in court at least two days before the date of the trial proceeding of the nafkah case,” Nassir said.

He ordered no cost and prohibited Hamlizar and Faizznur from performing any transaction through their Maybank account until the disposal of the case and upon completion of police investigations on the accounts.

The court fixed Nov 28 and Nov 29 for trial of the nafkah case.

Yusnidah was represented by syarie lawyer Mahyuddin Md Zahari while her two brothers were unrepresented.

On May 2, last year, Fairuz Nizam Husain, 35, his wife Nova Safitri Azhari, 27, and their six-month-old baby, were killed in a crash at the DUKE Highway caused by six Myvi drivers’ dangerous driving who were said to be racing before the accident.

Meanwhile after the proceeding, lawyer Muhamad Akmal Arif Shamsul Kahar who will be representing Hamlizar and Faizznur in a civil matter, told reporters that they will be filing a lawsuit against Yusnidah for making baseless accusations regarding the donation money.

“We found that there were baseless accusations that have been made and there are some statements that had been manipulated by them. We will be filing a suit soon,” Akmal claimed.-nst

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