Court rejects Daim and family's bid to challenge MACC probe

THE Kuala Lumpur High Court today dismissed a judicial review application by former finance minister Tun Daim Zainuddin and his family over the Malaysian Anti-Corruption Commission’s (MACC) investigation against them.

Judge Datuk Wan Ahmad Farid Wan Salleh made the ruling with no order as to costs during an open court proceeding.

“The applicants failed to establish mala fide element against the MACC officer who conducted the investigation,” said the judge.

Daim, 85, his wife Toh Puan Nai’mah Abdul Khalid, 66, and their four children, Asnida, 62, Md Wira Dani, 45, Muhammed Amir Zainuddin, 28, and Muhammed Amin Zainuddin, 25, along with Ilham Tower Sdn Bhd as the applicants, applied last Jan 10.

They named the MACC and the Public Prosecutor as the first and second respondents.

Senior Federal Counsel (SFC) Shamsul Bolhassan appeared for the respondents while counsel Tan Sri Tommy Thomas represented Daim and his family.

When reading out the judgement, Judge Wan Ahmad Farid said, that on the allegation that the notices issued by the MACC are unlawful, the adoption of a different interpretation of the law does not amount to an error of law that is amenable to judicial review.

He said mere suspicion of mala fide or even allegation of intimidation was insufficient.

“Daim and his wife were already charged before the Session Court…the issue of the allegation that the investigation and eventual prosecution of the duo are actuated by political motives should be addressed at the criminal trial. 

“The attempt to quash the prosecution at the Sessions Court should be made by way of a criminal application, not by way of a judicial review,” said the judge.

He also contended that the applicants failed to establish with compelling evidence and prima facie proof that the decision or omission of the MACC’s investigating officers falls within the traditional grounds of judicial review.

“In short, the threshold is not crossed. Since the applicants have failed to establish mala fide, this application for leave for judicial review must fail. There is no arguable case disclosed in favour of granting the relief sought at the substantive hearing, if leave is granted.

“The grant of leave under the circumstances would be an exercise in futility. Thus, the application for leave is refused,” said the judge.

In the application, the applicants claimed that on Dec 30, 2023, the MACC issued a statement stating that an investigation against Daim had been opened based on information obtained from the Pandora Papers.

Daim said the Pandora Papers are confidential files that leaked in 2021, revealing the names of owners of offshore companies, assets and bank accounts outside Malaysia’s jurisdiction, and that these files do not indicate any wrongdoing by him and his family.

Therefore, among other things, Daim and his family are seeking a court order for the MACC and its officers to cancel all investigations initiated against them from February 2023 till now, and also to cancel all notices issued by the MACC. - Bernama, March 4, 2024