Get a conviction before auctioning yacht, Lim told

KUCHING: Santubong MP Dato Sri Wan Junaidi Tuanku Jaafar agrees with lawyers telling Finance Minister Lim Guan Eng not to comment on auctioning the super yacht ‘ Equanimity’ until he gets a conviction on money launderers and an order to auction it.

Wan Junaidi, former Parliament Speaker and a former federal minister, said even the auction of small property and with low value needed court’s direction, let alone a super yacht.

“If we can seize a property without a court order and auction it as we like, then anyone can do the same with our properties around the world. Then lawlessness will prevail,” he said when contacted yesterday.

He said people must observe the law otherwise the nation can be classified as nation of robbers, pirates and highwaymen. Lim had said the government might sell the yacht in a bid to get back the money allegedly stolen from 1MDB.

Several lawyers, however, urged the Finance Minister to refrain from commenting on the government’s plan to sell a luxury yacht linked to fugitive businessman Low Taek Jho.

Lawyer Rafique Rashid Ali said the minister should not jump the gun by revealing the government’s plans to sell the ‘Equanimity’.

“Get a conviction against those who are allegedly involved in money-laundering offences.

“If the prosecutor obtains a conviction over the said crimes, they should go through proper channels to dispose the asset to recover the country’s losses,” he said.

Meanwhile, senior lawyer Kitson Foong said Lim or any cabinet member should refrain from making statements on the sale of the super yacht.

“He should seek the attorneygeneral’s advice before commenting. This kind of comment is not for him to make.”

He added Lim should be careful when commenting on the matter.

Foong also said Lim’s remark on selling the ‘Equanimity’ could open up the risk of a civil lawsuit against the government by Low or anyone who came forward as the owner.

Under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amla), the public prosecutor can forfeit properties allegedly belonging to those involved in money laundering offences.

Foong said although no criminal charges had been made against the fugitive businessman, the prosecutor could still proceed with the forfeiture process in court. The ‘Equanimity’ arrived in Malaysian waters around 12.40pm Tuesday.

It was reported on Saturday that Indonesia had agreed to hand the yacht over to Malaysia. Indonesian authorities impounded the yacht in Bali in February at the request of US authorities.