The statement by MACC chief commissioner Azam Baki that former finance minister Daim Zainuddin "might have more undeclared assets" smacks of sub judice, a lawyer acting for the tycoon said.
According to Rajesh Nagarajan, Azam's statement is also highly prejudicial to Daim's constitutional right to a fair trial, as the latter's court case is still ongoing.
"This is the latest of a continuing series of statements or comments from Azam (above) and the MACC on Daim’s alleged holdings, despite the court charges already pending.
"Apart from direct statements, there are also endless leaks through so-called 'sources', MACC and otherwise.
“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," Rajesh said in a statement to Malaysiakini today.
He was referring to a Malaysiakini report yesterday that MACC might summon Daim for questioning again as the agency intensifies its probe into the former finance minister.
Azam said this was after investigations revealed that Daim might have more undeclared assets.
Sources close to the investigation suggested that the assets they were looking into included more properties, shares, and bank accounts both in Malaysia and overseas.
'Against judge's advice'
Elaborating, Rajesh said Azam's statement seemed to suggest that Daim is guilty of an offence that is related to the charge of failure to disclose alleged assets.
"Hence, it is unwarranted and smacks of sub judice. Further, 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," said Rajesh, further urging Azam and the MACC to respect the justice system and the legal process, henceforth.
Last week, Daim was charged at the Kuala Lumpur Sessions Court for failing to abide by a MACC’s notice to disclose his assets encompassing 38 firms, 25 pieces of land and property, seven luxury vehicles, and two investment fund accounts.
He pleaded not guilty.
On top of this, MACC said they are also continuing other investigations against the business tycoon for allegations of corruption and money laundering. - Mkini
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