KUALA LUMPUR – The high court here has dismissed a bid by former finance minister Tun Daim Zainuddin and his family to stop the Malaysian Anti-Corruption Commission’s (MACC) investigation into their wealth.
Judge Datuk Wan Ahmad Farid Wan Salleh dismissed Daim’s application for leave for judicial review on the grounds that the MACC’s probe did not amount to mala fide (in bad faith or with intent to deceive). The judge also made no order as to costs.
He also ruled that Daim and his family should have brought their application to stop the investigation to the criminal court and not the civil court.
Wan Ahmad said Daim’s contention that MACC investigators were “harassing” him and his family could not be proven as mala fide as there was no sufficient proof to support this claim.
“An allegation that the notices issued by MACC are unlawful, per se, to my mind, is also insufficient to establish mala fide. Mere suspicion of mala fide or even allegation of intimidation is insufficient. The application for leave is refused,” the judge said.
As for wrongfully filing the application in the civil court, the judge said Daim and his wife Toh Puan Na’imah Abdul Khalid had been charged in the sessions courts and should take their challenge there by way of a criminal application, instead of a judicial review.
Wan Ahmad also said Daim’s claims that the MACC probe was politically motivated, or that he was a “political foe” of Prime Minister Datuk Seri Anwar Ibrahim, should likewise be addressed in the criminal court.
There is also no statute of limitations on the investigation into Daim’s wealth even if allegations of wrongdoing more than 20 years ago have been raised against him, the judge added.
Daim and his family filed the application on January 11, seeking the court’s declaration that the MACC’s investigation into their wealth is unconstitutional and void. They named the MACC and public prosecutor as respondents in their suit.
In the same suit, Daim also sought a further declaration to invalidate the current criminal charges brought against him and Na’imah for failing to declare their assets.
Daim and Na’imah were charged with the offence under the MACC Act on January 29 and 23, respectively.
Daim and his family are represented by lawyers Tan Sri Tommy Thomas and Sachpreetraj Singh Sohanpal while senior federal counsels Liew Horng Bin and Shamsul Bolhassan appeared for the respondents. – March 4, 2024