Lawyers’ group supports court’s decision to discharge, acquit Daim

 

Malaysian Muslim Lawyers Association president Zainul Rijal Abu Bakar said the issue of clearing Daim Zainuddin’s name was addressed by the court when it ordered him to be acquitted and discharged.

PETALING JAYA: 

A lawyers’ group has voiced support for the Kuala Lumpur sessions court’s decision to discharge and acquit former finance minister Daim Zainuddin of an asset disclosure charge following his death last week.

Malaysian Muslim Lawyers Association president Zainul Rijal Abu Bakar said criminal proceedings generally require the presence of the accused, who has the right to know what was happening in court proceedings so as to prepare a defence if necessary.

“How can the court continue proceedings against the late Daim? If the court decides at the end of the prosecution’s case that Daim should defend himself, how can the defence be carried out?” he said in a statement.

“On the other hand, if the court were to acquit Daim, he has already passed away and is no longer part of worldly affairs. Likewise, how could a sentence be carried out if Daim were found guilty?

“The issue of clearing Daim’s name has already been addressed by the court when it ordered that Daim be acquitted and discharged. Wasn’t this what Daim wanted during his lifetime?”

Deputy public prosecutor Wan Shaharuddin Wan Ladin today informed the Kuala Lumpur sessions court that the prosecution was withdrawing the charge against Daim under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009 following his death last Wednesday.

Judge Azura Alwi then granted an order discharging and acquitting Daim.

Daim had claimed trial in January to a charge of failing to comply with the terms of an asset declaration notice issued by MACC.

He was accused of failing to declare his ownership in 38 companies, 19 plots of land in Selangor, Negeri Sembilan, Pahang, Kedah and Kuala Lumpur, as well as six properties.

Daim was also alleged to have failed to declare his ownership of Amanah Saham Nasional Bhd (ASNB) and Amanah Saham Nasional (ASN) accounts, as well as seven luxury vehicles.

Yesterday, Daim’s widow Naimah Khalid urged the attorney-general and MACC not to discontinue the prosecution against Daim, who, she said, faced a “frivolous, malicious and politically-motivated” charge.

Earlier today, Pejuang information chief Rafique Rashid Ali said he disagreed with the decision to drop the charge against Daim, noting that Daim had faced numerous accusations on social media due to the case.

Rafique also called for the attorney-general and MACC to issue an official statement on the matter.

“If not, this proves that this is the current style of governance. To accuse (others) recklessly without any evidence, and in the end, withdrawing the charges without regard for their reputation and dignity,” he said. - FMT