Daim, family fail to obtain leave to challenge MACC probe

 

Former finance minister Daim Zainuddin and his family failed to obtain court leave to proceed with their judicial review targeting the MACC probe against them.

Judge Wan Ahmad Farid Wan Salleh this afternoon denied the applicants' judicial review leave application, thus the Kuala Lumpur High Court would not proceed with future hearings of the legal action's merits.

Among the reliefs sought in the legal action is the nullification of the asset-disclosure criminal charges against Daim and his wife Na'imah Abdul Khalid.

Farid ruled that the applicants failed to show that there was mala fide (bad faith) in the MACC probe against them, stating that mere suspicion of mala fide is insufficient.

"Besides (the applicants in their affidavit in support of judicial review) being perplexed by MACC (probe), (there is) nothing to suggest mala fide on the part of MACC in investigation against applicants.

"(Alleged) Harassment (by MACC against the applicants) does not amount to mala fide.

"It might be open to the applicants to say the (MACC) notice (against Daim, among others) and the freezing of the accounts amount to mala fide, but this cannot be taken for granted or taken for proof by itself," Farid said.

The judge said Daim, 85, and Na'imah, 66, should just file applications before the Kuala Lumpur Sessions Court (criminal) to challenge the charges.

Farid said allegations that the investigation against Daim and Na'imah was politically motivated or that Prime Minister Anwar Ibrahim considered Daim as a “political foe” ought to be raised in the criminal court rather than the present civil court.

The judge also disagreed with the applicants' contention that the MACC probe against them was mala fide due to the alleged offence being investigated was for a “stale offence” that is over 20 years old.

Farid said this is because criminal cases do not have a statutory limit on investigation by authorities, citing the Latin maxim nullum tempus occurrit regi (literally refers to “no time runs against the king”, meaning that criminal investigation and investigation are not barred by any statute of limitation).

The judge then dismissed the judicial review leave application with no order to costs.

Former attorney-general Tommy Thomas led the legal team for Daim and his family.

Senior federal counsel Shamsul Bolhassan and Liew Horng Bin acted for the MACC.

‘Fishing expedition’

According to a copy of Daim’s affidavit in support of the judicial review, he contended that the MACC’s conduct was perplexing and deeply disturbing.

The commission’s probe was baseless and amounted to a fishing expedition, he added.

He also claimed that MACC did not disclose to him the nature of the offence that he was being investigated for since last year.

Daim said the graft buster only informed him that the alleged offence was under Section 23 of the MACC Act 2009 for gratification.

He pointed out that he ceased being finance minister on May 31, 2001.

“Yet, in the Dec 18, 2023, raid (on Ilham Tower), the MACC was seeking documents from 2009 and those relating to the construction of Ilham Tower, which began in 2009 and was completed in 2015.

“Therefore, I believe that MACC did not have any basis for believing that I committed an offence under Section 23 of the MACC Act for gratification in public office.

“MACC had thus embarked on a fishing expedition. This is a clear abuse of power. It is also unlawful,” Daim contended.

Pandora Papers

He said while the MACC cited the worldwide release of the Pandora Papers, containing files on offshore companies and assets linked to him and his family, as the basis for the probe against him, no investigation was carried out against other well-known figures named in the leak.

He noted that at least two sitting ministers were named in the Pandora Papers, but to his knowledge, MACC has not investigated or questioned them, nor were any action taken against them.

Through the affidavit, Daim said he was a successful and wealthy businessperson before joining politics and holding public office as finance minister in 1984.

He left his legal career and went into business around 1969 and became involved in property development and banking. - Mkini