KUALA LUMPUR – The high court here will decide on March 4 whether to allow former finance minister Tun Daim Zainuddin’s bid for a judicial review against the Malaysian Anti-Corruption Commission’s (MACC) investigations into his wealth.
Judge Datuk Wan Ahmad Farid Wan Salleh fixed the date and set the time for 2.30pm.
Daim and family members filed their application for a judicial review last Wednesday, naming MACC and the public prosecutors as the first and second respondents, respectively.
The 85-year-old tycoon and former government figure was represented by lawyer Tan Sri Tommy Thomas, who is also a former attorney-general. Senior federal counsels Shamsul Bolhassan and Liew Horng Bin appeared for MACC.
The MACC’s investigation into Daim was opened nearly a year ago, in February 2023, based on the mention of his name in the 2021 Pandora Papers. No charges have been brought against him.
Today’s proceedings saw Thomas submitting why the challenge against MACC’s investigation should be allowed, and Shamsul submitting why it shouldn’t.
Thomas said the anti-graft agency’s probe was “prejudicial”, given that Daim had left public office 22 years ago, besides his old age.
Thomas submitted that the MACC was launching a delayed investigation to “fish” for evidence as it had not yet established any offence since starting its investigation last year.
“The investigation has taken place for around ten to eleven months, and the MACC investigating officer has also said so (that no offence has been established) to the lawyer (of Daim’s family, Sachpreetraj Sigh Sohanpal).
“This shows that MACC is looking for evidence against Daim for a crime that is non-existent.
“Moreover, how do you expect someone that age to remember what happened 25, 26 years ago? It would be unfair and prejudicial,” Thomas said.
Thomas also told the court that the judicial review would not paralyse MACC’s investigation.
“It’s just that you’ve (MACC) been investigating (Daim) … and you don’t even know the offence!”
Shamsul, the senior federal counsel, submitted that MACC’s investigative powers cannot be challenged.
“If this leave application is allowed, then it will hamper the investigative process. It will result in every investigation judicial review will be filed. As a result, investigations will never be completed.”
Shamsul cited a 2017 decision by the federal court that a notice by MACC compelling lawyer Latheefa Koya to appear before it for investigation could not be quashed on the grounds that investigations are not subject to judicial review.
On Daim’s name appearing in the Pandora Papers, Thomas today said the information leak on top politicians worldwide and their offshore assets is a “neutral document”, which did not refer to any crimes or offences committed.
“Owning assets abroad for Malaysian citizens is not an offence under Malaysian law.”
Thomas also said MACC’s investigation under Section 23 of the MACC Act (for abuse of power offences) is unconstitutional, as the section applies to those holding public office.
“The prosecution’s investigation for abuse of power should have taken place 22 years ago. Daim left public office 22 years ago.”
Thomas also questioned MACC’s seizure of Daim’s commercial building, Ilham Tower in Kuala Lumpur, on December 18.
“The MACC cannot go on a free reign and seize anything. They have to be satisfied that the building in question (Ilham Tower) is subject to an offence under the act or additional commission of the subject.”
In Daim’s supporting affidavit for the application, he asserted that his success as a businessman, with assets and properties acquired through legitimate means, predated his entry into politics. – January 16, 2024