No enforcement agencies in the country can ever wrap up any criminal investigation if former finance minister Daim Zainuddin is granted leave to challenge MACC’s probe against him, the Kuala Lumpur High Court heard.
The MACC’s legal representative from the Attorney-General's Chambers (AGC), senior federal counsel Shamsul Bolhassan, submitted that past case law upholds the public policy against allowing legal challenges over ongoing criminal investigations.
He pointed out that giving Daim the green light to proceed with the judicial review would open the floodgates to similar challenges, causing chaos and public disorder as investigating agencies would be unable to complete their tasks as they would be bogged down by numerous court challenges.
“In all cases, the court reiterates time and again that those investigative powers cannot be challenged and, if allowed, would hamper the investigative process.
“For every investigation, a judicial review would be filed, hence the investigation would not be completed. We submit that investigative powers cannot be reviewable by this court,” Shamsul told judge Wan Ahmad Farid Wan Salleh.
Today is set for the hearing of a judicial review leave application by Daim and his family against the MACC’s probe against him, over the allegation that the enforcement authorities have no reasonable cause behind the investigation commenced early last year.
‘Fishing expedition’
Senior federal counsel Liew Horng Bin, who is also from the AGC, submitted that in the event the civil court grants leave to Daim to commence with the judicial review, then MACC would have no choice but to disclose what reasonable cause they had to probe the former minister, what is the nature of the complaint, among others.
“In judicial review, there would be an application for discovery (by Daim if he chooses to do so in the event he is granted leave to proceed with the judicial review). This is a fishing expedition by application for evidence before he is even charged in court,” Liew said.
Liew said if the AGC labelled the case against Daim as NFA - no further action - then the businessperson can still seek remedy via legal actions in the civil court for any damages allegedly suffered from the MACC probe.
Targeting Daim's contention in his affidavit that it would be unjust to subject him to criminal probe over an alleged white-collar crime that took place when he was in public office that he stepped down from in 2001, Liew countered there is no statutory limitation in criminal offences.
Liew pointed out that there are many cold cases where investigations reached a dead end due to technological limitations but advanced new technology allowed the authorities to review these cases years later and find fresh grounds for possible prosecution in court.
“Any potential suspect would then be entitled to halt the investigation and no prosecution could happen,” Liew said over what could transpire if the court gives leave to Daim.
Leave is just the first step
Daim’s counsel Tommy Thomas rubbished the contention that MACC’s ability to carry out investigations would be hindered if leave is granted, pointing out that leave is just the first step before the court sets a separate date to hear parties’ oral submissions on the merits of the judicial review.
Thomas, who used to be AG, submitted that MACC would not be crippled as any leave granted would merely lead to Daim and the anti-graft agency exchanging affidavits for the hearing of the merits.
WanAhmad Farid then set March 4 to deliver his decision on whether to grant leave to Daim to proceed with the judicial review.
On Jan 10, Daim and his family filed the court action to halt the MACC probe, alleging that the agency investigation is baseless and a fishing expedition and that the agency never provided him with the details of the offence that he was being investigated for.
In his supporting affidavit, Daim revealed that he had liquidated his assets acquired from business before entering politics in 1984, saying that his liquid assets alone would have been worth over RM50 billion if he had remained in business. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.