Brothers’ bank accounts frozen
DONATION DISPUTE: Order upheld until case disposal on custody, maintenance allowance on Duke crash orphans
THE Syariah High Court yesterday upheld an application by a businesswoman to freeze her two brothers’ bank accounts, which were used to receive donations for their two orphaned nieces.
Syarie judge Nassir Abdul Aziz made the decision after dismissing an ex parte application by Hamlizar Husain, 44, and Muhammad Faizznur Asyraf Husain, 26, to set aside the order to freeze their accounts.
Nassir ordered three accounts belonging to the two unemployed men to be frozen until the disposal of the case regarding the custody and maintenance allowance of the girls.
The two girls, Nur Firuza Amira, 8, and Nur Firuza Aqila, 4, lost their parents — Fairuz Nizam Husain, 35, and Nova Safitri Azhari, 27 — and their 6-month-old sister, Nur Firuza Annisa in an accident at the Duta-Ulu Kelang (DUKE) Highway on May 2 last year.
Yusnidah Husain, 48, who has temporary custody of the two girls, had obtained the order to freeze her 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 yesterday instructed Maybank’s management to give full cooperation in supplying documents regarding the transactions of contributions by the public in the three accounts.
The court had also ordered Yusnidah to appoint a certified accountant to audit the transactions of the three accounts to obtain the total amount of contribution credited by the public and the actual amount that had been withdrawn or any other discovery.
“The reports must be filed in court at least two days before the date of the trial proceedings of the case,” Nassir said.
The judge prohibited Hamlizar and Faizznur from performing any transaction through their Maybank accounts until the disposal of the case and upon completion of police investigations into the accounts.
The court fixed Nov 28 and Nov 29 for trial.
Yusnidah was represented by syarie lawyer Mahyuddin Md Zahari while her brothers were unrepresented.
After the proceedings, lawyer Muhamad Akmal Arif Shamsul Kahar, who will represent Hamlizar and Faizznur in a civil matter, said they would be filing a suit against Yusnidah for making baseless accusations regarding the donations.
“We found that baseless accusations were made and some statements had been manipulated.
It was reported that the Women, Family and Community Development Ministry had warned that the Welfare Department would take custody of the children if the family members were unable to settle the dispute over donations totalling RM300,000 meant for the orphans.