PUTRAJAYA (Jan 10): The lawyers representing the wife and two sons of former finance minister Tun Daim Zainuddin have cried foul over the Malaysian Anti-Corruption Commission's (MACC) questioning of the trio, saying it was nothing more than a "giant fishing expedition".

Rajesh Nagaraja, the legal representative of Daim's wife Toh Puan Na'imah Abdul Khalid, claimed the MACC went on a fishing expedition during the entire questioning process, as they tried to find information to charge Daim.

He also slammed the graft busters for failing to inform them of the offence Na'imah had committed up to now. He emphasised that it is illegal for the MACC to investigate someone without informing them of the reason for the questioning.

"What is the offence you are investigating? What section are you talking about? If it is about gratification, what is the gratification?" Rajesh told the media outside the MACC building in Putrajaya, after Na'imah had her statement recorded by the MACC for over nine hours on Wednesday. Na'imah left the MACC building at around 7.38pm.

Meanwhile, according to the lawyer of Daim's two sons, MACC officers told them that the entire investigation was being carried out to determine if an offence had been committed.

"How are they going to investigate an offence that does not yet exist? Where is the basis to at the very least pursue an investigation into our clients? This is what we want to know. Is there even a valid basis?" asked Sachpreetraj Sohanpal.

Nevertheless, Na'imah and her two sons — Muhammad Amin Zainuddin Daim and Muhammad Amir Zainuddin Daim — had fully cooperated with the MACC, and answered all the questions put to them, the lawyers said.

According to them, the statement recording process was conducted separately, with Na'imah answering about 50 questions, while Daim's sons dealt with 30 to 40 questions.

The mother and sons are not expected to be called back by the MACC, Rajesh said, though he noted that the MACC had the right to call them back at any time.

On whether Daim had received notice from the MACC to record his statement, Rajesh replied in the negative. “They did not inform us. In fact, I questioned them, and there was a non-committal reply," the lawyer said.

The trio was called to the MACC headquarters in Putrajaya to give their statements on Wednesday to ascertain the values of some high-value assets in the country and abroad that are held under companies belonging to them, in relation to an investigation against Daim, according to the MACC in a statement.

"A notice was served on Tun Daim under Section 36(1)(a) MACC Act 2009, on June 7, 2023, while his family members were served notices under Section 36(1)(b) of the MACC Act 2009," the MACC said.

Section 36(1)(a) empowers the MACC to compel a person to furnish information on his or her assets and sources of income, in and outside Malaysia, while Section 36(1)(b) allows the MACC to compel his or her relatives or associates to do the same.

"As stated in the MACC's press release dated Dec 30, investigations commenced in February last year based on information from the Pandora Papers. Investigations into the assets held by Daim are ongoing," the MACC added.  

The MACC seized Ilham Tower, owned by Daim and his family, at the end of December last year.

It was previously reported that Daim is under investigation in connection to corporate transactions involving Renong Bhd and United Engineers Malaysia Bhd in the 1990s. A senior MACC source also confirmed with The Edge in late May last year that the anti-graft agency was looking into the deal.

However, Daim, in a statement soon after the seizure, claimed that the actions taken by the MACC in its investigation were "nothing short of a political witch-hunt".

Na'imah, before entering the MACC headquarters on Wednesday morning, also claimed that her husband is being persecuted for his wealth and success, saying having either is not a criminal offence.

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