FORMER finance minister Tun Daim Zainuddin and his family faced another setback in their attempt to challenge a probe by the Malaysian Anti-Corruption Commission (MACC) into their financial affairs as the Court of Appeal dismissed their appeal from the High Court’s earlier rejection.
A three-member bench chaired by Justice Datuk Azizah Nawawi ruled that the criminal investigation was not subject to judicial review, citing a Federal Court ruling on the investigative powers of law enforcement agencies. Justices Datuk Hashim Hamzah and Datuk Azizul Azmi Adnan were also on the panel.
“The appeal had to be dismissed as they were bound by a Federal Court ruling on the investigative powers of law enforcement agencies. To hold otherwise, in our minds, would expose the criminal investigative process of all law enforcement agencies in the country to constant judicial review,” said Azizah.
“Complaints by Daim and others could be raised in the criminal proceedings, whether during the trial or in applying to strike out the charges.”
The Court made no ruling on costs.
Earlier on March 4, the High Court had ruled against Daim and his family, stating they had failed to prove that the MACC’s probe was conducted in bad faith by its investigating officers.
Daim, along with his wife Toh Puan Naimah Khalid and their four children Asnida, Datuk Wira Dani, Muhammed Amir Zainuddin and Muhammed Amin Zainuddin, alongside Ilham Tower Sdn Bhd filed their judicial review application on Jan 10, naming MACC and the public prosecutor as respondents.
Moreover, they claimed lack of clarity regarding the nature of the investigation, apart from news reports linking it to the Pandora Papers.
The family alleged that the investigation into alleged money laundering and abuse of power, which began around February 2023 was unconstitutional.
On Jan 23, Naimah was charged under Section 36(2) of the MACC Act 2009 for failing to declare her ownership in various companies, plots of land and vehicles.
Six days later, Daim faced similar charges for not declaring his ownership interests. Both pleaded not guilty to the charges which carry penalties of up to five years in jail and a fine of not more than RM100,000.
During the proceedings, lawyer Tan Sri Tommy Thomas represented the family, while senior federal counsel Shamsul Bolhassan represented the government and MACC. – May 9, 2024
Main photo credit: Malay Mail
