Daim, family fail again in challenge to MACC probe
Published on: Thursday, May 09, 2024
By:
FMT, V Anbalagan
Former finance minister Daim Zainuddin and his family contended that MACC’s probe into alleged money laundering and abuse of power was unconstitutional.
PUTRAJAYA: Former finance minister Daim Zainuddin and his family have again failed in a bid to commence judicial review proceedings over a probe by the Malaysian Anti-Corruption Commission (MACC) into their financial affairs.
This comes after the Court of Appeal dismissed their appeal from the High Court’s rejection of their application for leave.
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A three-member bench chaired by Justice Azizah Nawawi said the criminal investigation was not amenable to judicial review.
Also on the panel hearing the appeal were Justices Hashim Hamzah and Azizul Azmi Adnan.
Azizah said the appeal had to be dismissed as they were bound by a Federal Court ruling on the investigative powers of law enforcement agencies.
“To hold otherwise, in our minds, would expose the criminal investigative process of all law enforcement agencies in the country to constant judicial review,” she said.
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She added that complaints by Daim and others could be raised in the criminal proceedings, whether during the trial or in applying to strike out the charges.
The panel made no order as to costs.
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On March 4, High Court judge Wan Ahmad Farid Wan Salleh said Daim and his family had failed to establish that the probe was conducted in bad faith by the MACC investigating officers.
Daim, his wife Naimah Khalid and their four children – Asnida, Wira Dani, Amir and Amin – and Ilham Tower Sdn Bhd filed their judicial review application on Jan 10.
They named MACC and the public prosecutor as respondents.
They said they were in the dark about the nature of the investigation, except for news reports claiming it was linked to the Pandora Papers.
The family claimed the investigation into alleged money laundering and abuse of power began some time in February 2023 and was unconstitutional.
On Jan 23, Naimah was charged under Section 36(2) of the MACC Act 2009 with failing to declare her ownership in various companies, several plots of land and two vehicles.
Six days later, Daim was charged under the same provision with failing to declare his ownership of 38 companies, 19 plots of land in Selangor, Negeri Sembilan, Pahang, Kedah and Kuala Lumpur, as well as six properties, seven vehicles and two bank accounts.
Both pleaded not guilty to the charges, which carry a jail sentence of up to five years and a fine of not more than RM100,000 upon conviction.
During today’s proceedings, lawyer Tommy Thomas appeared for the family while senior federal counsel Shamsul Bolhassan represented the government and MACC.
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