Former finance minister Daim Zainuddin and his family have failed in their appeal for leave to proceed with their judicial review targeting the MACC probe against them.
A three-person Court of Appeal bench chaired by Azizah Nawawi unanimously dismissed the appeal this afternoon.
Speaking on behalf of fellow bench members Hashim Hamzah and Azizul Azmi Adnan, Azizah ruled that criminal investigations by authorities are not open to judicial review, as allowing this would expose all investigation processes to numerous legal actions.
She noted that the civil court challenge ought to be dismissed as the complaints brought by Daim could be raised in the criminal court where he is facing the criminal charge, such as by undergoing the full trial or by applying to strike out the charge.
She also made no order as to costs.
On March 4, the Kuala Lumpur High Court dismissed Daim and his family’s application for leave to proceed with the judicial review, whereby among the reliefs is the nullification of the asset-disclosure criminal charges against Daim and his wife Na’imah Abdul Khalid.
Mere suspicion not enough
High Court judge Wan Ahmad Farid Wan Salleh 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.
The judge said Daim, 85, and Na’imah, 66, should 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 as the alleged offence being investigated was 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. The term literally translates to “no time runs against the king” and means that any statute of limitation does not bar investigations.
The judge 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 graftbuster only informed him that the alleged offence was under Section 23 of the MACC Act 2009 for gratification.
He also pointed out that he ceased being finance minister on May 31, 2001.
Pandora Papers
He said while the MACC cited the worldwide release of the Pandora Papers - which contained 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.
Daim noted that at least two sitting ministers were named in the Pandora Papers but to his knowledge, the MACC has not investigated or questioned them, or taken any action 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 where he became involved in property development and banking. - Mkini
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