KUALA LUMPUR – Former finance minister Tun Daim Zainuddin and his family members are seeking full compensation, among other demands, from the Malaysian Anti-Corruption Commission (MACC) and the public prosecutor in a judicial review application over an ongoing probe into his wealth.
The application, filed at the high court here yesterday, named the anti-graft agency and the public prosecutor as respondents – while Daim, five of his family members including his wife Toh Puan Naimah Khalid, and Ilham Tower Sdn Bhd were listed as applicants.
Their application was filed by Messrs Tommy Thomas, the firm of former attorney-general Tan Sri Tommy Thomas.
The applicants are requesting a certiorari order (a court process to seek judicial review of a decision of a lower court or government agency) to quash all investigations against Daim, 85, and his family members.
Two prohibition orders are also being sought: one directed against MACC to cease “all further investigations” against Daim and his family members, while another is against the public prosecutor to not prosecute the six individuals.
Besides costs on a full indemnity basis to the applicants, other reliefs sought by them include a declaration that MACC and its officers have “no reasonable cause” to investigate Daim and his family for alleged offences under the MACC Act 2009 or the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).
Applicants are also seeking a declaration that even if any charges are intended to be brought by the public prosecutor against Daim and his family members, such charges would be “unconstitutional and void.”
This, the application contends, is because Daim and his family members will not receive a fair trial, “having regard to the delay of some 22 years in their institution,” – in reference to the law under which charges will be framed – thereby infringing the fundamental right of personal right under Article 5(1) of the federal constitution.
Other sought-after declarations include one to say that notices issued and actions purportedly taken by MACC are unlawful and invalid, and another to indicate that notices issued by the graft busters on June 7, 2023, pursuant to Section 44(1) of Amla, ceased to have effect from September 5 that year.
Additionally, applicants requested a mandamus order directed against MACC and its agents for the return of all documents, properties and monies seized or obtained from its investigations against Daim and his family members.
High court judge Datuk Wan Ahmad Farid Wan Salleh has set January 16 for the judicial review application hearing.
Yesterday, Naimah and her sons Muhammed Amin Zainuddin and Muhammad Amir Zainuddin were summoned for questioning at the MACC headquarters in Putrajaya in relation to the corruption probe involving Daim.
Naimah, who was questioned for nine hours, told the media later that her husband was being persecuted due to his success as a businessman even before joining the government.
She also took a jibe at Datuk Seri Anwar Ibrahim, reiterating that the position of prime minister should not be used to defame individuals through insinuations and alleged accusations of wrongdoing, nor should it be used to resolve past political disputes.
The anti-graft agency began its investigation into Daim in February last year, which was based on leaked information from the Pandora Papers on offshore wealth held by prominent figures.
On December 18, MACC seized the Ilham Tower, reportedly in connection with Daim’s involvement in an alleged embezzlement case involving RM2.3 billion in public funds in the 1990s.
A week after the tower’s seizure, the MACC confirmed the probe against Daim, and said investigations would include looking into his domestic and international assets and businesses. – January 11, 2024