AG to object against Daim, family's bid to unfreeze accounts

 

The attorney-general will object against an application by former finance minister Daim Zainuddin and his family for court leave to commence with a judicial review to recover and unfreeze their bank accounts.

Senior federal counsel Shamsul Bolhassan, who is from the Attorney-General's Chambers (AGC) and acting for Prime Minister Anwar Ibrahim and the government, informed the Kuala Lumpur High Court of their intent to object against the legal bid.

Judge Wan Ahmad Farid Wan Salleh then set Aug 8 for a hearing of Daim (above, left) and his family’s bid for judicial review leave.

Under the law, a civil court only grants leave to judicial review that is not frivolous and vexatious. If leave is granted, the court will set a separate date to hear the parties' oral submissions on the merits of the challenge.

On June 6, Daim and 23 other applicants - his wife Na’imah Abdul Khalid, his four children, and 18 companies - filed the judicial review leave application.

The 18 companies are AAD Equity Sdn Bhd, Yayasan Haji Zainuddin, Ilham Baru Sdn Bhd, Anchor Point Sdn Bhd, Kangkung Catering Sdn Bhd, Adrihaniz Sdn Bhd, Syarikat Malur Sdn Bhd, Amiraz Sdn Bhd, Ridana Sdn Bhd, Daan Sdn Bhd, Maya Seni Holdings Sdn Bhd, Magical Zone Sdn Bhd, Permatang Maju (M) Sdn Bhd, Brainstorms Sdn Bhd, Arida Farms Sdn Bhd, Gajah3 Resource Centre Sdn Bhd, Ilham Tower Sdn Bhd and Selidik Jaya Sdn Bhd.

‘Family being targeted’

Besides Anwar and the MACC, the judicial review named four other respondents including the anti-graft agency’s chief commissioner Azam Baki and the federal government.

According to Na’imah’s supporting affidavit, the applicants contended that they had been negatively jeopardised on the macro and micro scale due to the respondents’ various actions, including the seizure and freezing of the accounts.

Prime Minister Anwar Ibrahim (left) with MACC chief commissioner Azam Baki

“I state that every decision, action and/or statement by the respondents named in this action are intentional in order to target me and my family, via the statement (allegation) that the applicants are a corrupt family who made our wealth via wrongful means under the law.

“I have been advised by my counsel and verily believe and state that every decision, action and/or statement of the fourth respondent (MACC) is for mere political collateral purposes,” Na’imah contended.

She pointed out that until today, neither she nor the other applicants have been charged in court for offences linked to the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), the same provision under which the accounts were seized and frozen.

Daim and the other applicants are seeking multiple reliefs, among them for a declaration that the seizure of their accounts is invalid for violating their constitutional right and for being driven by mala fide (bad faith).

They seek a mandamus order to unfreeze their accounts as well as general damages.

The judicial review leave application is set to come up before the High Court tomorrow.

Daim and Na’imah are facing criminal charges before the Kuala Lumpur High Court over an alleged failure to abide by an MACC notice to declare their assets.