Ex-AG Tommy Thomas’ firm represents Daim and family to challenge MACC probe

Monday 20 May 2024

KUALA LUMPUR (Jan 11): Former finance minister Tun Daim Zainuddin’s family and their company Ilham Tower Sdn Bhd (ITSB) has filed a judicial review application to challenge the Malaysian Anti Corruption Commission’s (MACC) action to freeze their accounts and subject them to investigation.

Daim, whose full name is Che Abdul Daim Zainuddin, along with his wife Toh Puan Na’imah Abdul Khalid, Daim’s four children and ITSB, which owns the namesake tower in Kuala Lumpur, filed the judicial review application on Wednesday (Jan 10) at the High Court through Messrs Tommy Thomas, the law firm of former attorney-general (AG) Tan Sri Tommy Thomas.

They named the graftbuster and the public prosecutor as respondents.

In their application, they sought permission to pursue a declaration that the MACC has no reasonable cause to investigate Daim, his family members, or his nominees and agents for an offence under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act, 2001 (AMLA).

In addition, they are seeking to pursue a declaration that if any charges are to be instituted by the public prosecutor against Daim or his family members, such charges would be unconstitutional and void, as they alleged they would not receive a fair trial following the delay of some 22 years in instituting them, and this infringed their right to personal liberty under Article 5 of the Federal Constitution.

They also sought to pursue a declaration that the 66 notices issued by the MACC against them are unlawful and unconstitutional.

Besides this, they sought an order of certiorari against the commission and its officers to quash all investigations on them as per the 66 notices issued on them.

In addition, they sought a prohibition order directed against the commission to cease all further investigations on their family, and a mandamus (remedy) order against the MACC that all documents, files, papers, properties, assets and monies seized from their investigation be returned to Daim and his family members within seven days of the court order.

Furthermore, they sought that the various notices (66 notices) issued by the MACC on June 7, 2023, pursuant to Section 44(1) of AMLA or any variations by the MACC are to cease to have any effect from Sept 5, 2023.

They also filed a mandamus order against the MACC to cause the revocation of the notices and cause the release and return of all of Daim’s and his family members’ assets, bank accounts, and other related company accounts that were frozen, and that all of their assets and vehicles at their Taman Melawati home be released.

Daim and his family members also sought general and exemplary damages against the MACC, and upon leave being granted, they also want the MACC to refrain from issuing further notice on them.

Their application for leave is scheduled to be heard before High Court judge Datuk Wan Ahmad Farid Wan Salleh next Tuesday (Jan 16).

Prior to this, in May last year, the MACC announced that it was probing a former senior minister, and it was later revealed that the person who was being investigated was Daim, and that the investigation was pertaining to a UEM-Renong deal.

Last month, the MACC announced that it had seized the Ilham Tower owned by Daim.

Na’imah and his two sons had their statements recorded by the MACC on Wednesday.

Daim himself had issued a statement earlier this month denying any wrongdoing to warrant him being subjected to MACC investigations.

Na’imah was said to have been quizzed for nine hours, where prior to being interrogated by the MACC, she said that her husband was being persecuted for his wealth and success and that being a successful businessman was not a crime.

Edited ByLam Jian Wyn

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