KUALA LUMPUR – The high court here has postponed to August 8 its hearing of a judicial review application by Tun Daim Zainuddin and family members against the prime minister and the anti-graft agency over the freezing of their bank accounts.
Judge Datuk Wan Ahmad Farid Wan Salleh fixed the date after senior federal counsel Shamsul Bolhassan told the court the Attorney-General’s Chambers (AGC) would be objecting to the application.
The court was to have heard the application today but is now giving time for submissions on the objections.
Besides Shamsul, Ahmad Hanir Hambaly@Arwi also represented the AGC today, while Daim and his family were represented by Nizamuddin Hamid.
The former finance minister, his wife, Toh Puan Na’imah Abdul Khalid, Daim’s four children and 18 companies linked to them are seeking to compel the Malaysian Anti-Corruption Commission (MACC) to unfreeze their bank accounts.
In their application filed on June 6, they named Prime Minister Datuk Seri Anwar Ibrahim, MACC and its chief commissioner, Tan Sri Azam Baki, among the six respondents.
They alleged that Anwar had “exerted his influence” on the MACC to “carry out his personal agenda” against them.
They also claim that the MACC’s seizure of their bank accounts on June 7 last year was carried out in bad faith and that the anti-graft agency still has not charged them with money-laundering offences nor told them of any specific offences.
Daim and family, and the 18 companies listed, are also seeking a certiorari order to cancel the MACC’s seizure of their bank accounts, which was made under Section 50 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, and a mandamus order for the MACC to unfreeze their bank accounts.
They hold that the freeze order was invalid, void and made with malicious intent (mala fide), which is an abuse of the legal process.
In January, Daim and Na’imah were charged separately with failure to declare their assets to the MACC.
They then sought a court declaration that the MACC’s probe into their wealth was unconstitutional and void, but their application to commence a judicial review against the agency was thrown out by the Court of Appeal on May 9. – June 12, 2024