Ex-leader’ s relatives win assets battle
COURT: The daughter and grandson of the ex-president of Kazakhstan have won a High Court challenge against unexplained wealth orders (UWOs) obtained in relation to three London properties.
The National Crime Agency obtained UWOs against the properties, said to be worth around £80m, last May.
THE DAUGHTER and grandson of the former president of Kazakhstan have won a High Court challenge against unexplained wealth orders (UWOs) obtained in relation to three multimillionpound London properties.
The National Crime Agency (NCA) obtained UWOs against the properties, said to be worth around £80m, last May.
A UWO – a power brought into force in January 2018 under socalled “McMafia laws” – allows the NCA and other agencies to seize someone’s assets if they believe the owner is a “politically exposed person” and they are unable to explain the source of their wealth.
The NCA said the purchases of the three properties were funded by Rakhat Aliyev, formerly a senior member of the Kazakh government who died in an Austrian prison in 2015 while awaiting trial on two charges of murder.
One of the properties, a highsecurity mansion in The Bishops Avenue in Hampstead, northwest London – often referred to as “Billionaires’ Row” – is currently occupied by Rakhat Aliyev’s son, Nurali Aliyev, grandson of former Kazakh president Nursultan Nazarbayev.
The two other properties which were the subject of UWOs were an apartment in Chelsea, south-west London, which campaign group Transparency International says is worth £31m, and a house near Highgate Golf Club in north London.
The ultimate beneficial owners of the three properties – Rakhat Aliyev’s ex-wife, Dariga Nazarbayeva, the current chairwoman of the senate in Kazakhstan and daughter of former Kazakh president Nursultan Nazarbayev, and her son, Nurali Aliyev – applied to the High Court to discharge the UWOs.
Giving judgment remotely yesterday, Mrs Justice Lang overturned all three UWOs, ruling that “the NCA’s assumption” that Rakhat Aliyev was the source of the funds to purchase the three properties was “unreliable”.
The judge said there was “cogent evidence” that Dr Nazarbayeva and Nurali Aliyev had founded the companies which owned the properties and provided the funds to purchase them.
In a statement, Nurali Aliyev said: “The court’s powerful judgment demonstrates the NCA
A flawed investigation which was entirely without merit.
Nurali Aliyev, referring to the National Crime Agency’s case against her.
obtained the orders on an inaccurate basis as part of a flawed investigation which was entirely without merit.
“The NCA deliberately ignored the relevant information I voluntarily provided and pursued a groundless and vicious legal action, including making shocking slurs against me, my family and my country.”
A spokesman for Dr Nazarbayeva said: “Today’s judgment has entirely vindicated Dr Nazarbayeva. She is pleased that the court has agreed with her that the NCA’s investigations were flawed and that she has not been involved in any wrongdoing.”
Graeme Biggar, director-general of the NCA’s National Economic
Crime Centre, said: “The UK’s robust legal system is recognised worldwide and the ability to challenge decisions is a key part of that reputation. Unexplained wealth orders are new legislation and we always expected there would be significant legal challenge over their use.
“We disagree with this decision to discharge the UWOs and will be filing an appeal. These hearings will establish the case law on which future judgments will be based, so it is vital that we get this right. The NCA is tenacious. We have been very clear that we will use all the legislation at our disposal to pursue suspected illicit finance and we will continue to do so.”