‘MACC chief’s statement to resummon Daim is unwarranted, smacks of sub judice’

Former finance minister's legal counsel says statements consistently implied client is guilty, despite ongoing court proceedings

12:29 PM MYT

 

KUALA LUMPUR – Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki’s statement to resummon Tun Daim Zainuddin was “unwarranted” and “smacks of sub judice” – considering the ongoing court proceedings, said the former finance minister’s legal counsel.

This comes after Azam Baki was reported as saying that investigations revealed Daim might have more undeclared assets and that the agency might call him up again for questioning. 

Lawyer Rajesh Nagarajan, one of Daim’s legal counsels, said that this is the latest of a continuing series of statements or comments from Azam Baki and the MACC on Daim’s alleged holdings, despite the pending court charges.

“Apart from direct statements, there are also endless leaks through so-called ‘sources’, MACC, and others.

“The statements have consistently implied or expressly stated that Daim is guilty, in clear disregard of the presumption of innocence, which is the cornerstone of our criminal justice system.

“The latest statement by Azam suggests that Daim is guilty of an offence and is clearly related to the charge of failure to disclose alleged assets. Hence, it is unwarranted and smacks of sub judice,” he said in a statement today.

Rajesh’s comments came in response to a report that MACC might summon Daim for questioning again over his undeclared assets as the commission intensifies its probe into the former finance minister.

Rajesh said Azam Baki’s statement implied that Daim may be culpable of an offence related to the charge of failure to disclose alleged assets.

“The sessions court judge presiding over Daim’s case had advised all parties to the case not to make any statements that would affect the ongoing court proceedings.

“It is clear that Azam’s comment, which was published widely, is in serious disregard of the judge’s advice.

“This statement is also highly prejudicial to our client’s constitutional right to a fair trial,” he said, adding that Azam and the MACC must respect the justice system and the legal process. 

Last week, Daim was charged at the Kuala Lumpur sessions court for failing to comply with a MACC notice to disclose his assets, which encompassed 38 firms, 25 pieces of land and properties, seven luxury vehicles, and two investment fund accounts. 

The tycoon pleaded not guilty to the charges. – February 9, 2024

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