KUALA LUMPUR (Jan 16): The Attorney General’s Chambers (AGC) on Tuesday objected to former finance minister Tun Daim Zainuddin’s application for leave to seek a judicial review of the Malaysian Anti-Corruption Commission’s (MACC) investigations into his and his family’s financial affairs, as well as the 66 notices issued to freeze or seize their assets.

There is no statutory limitation for the investigating authorities to investigate a purported crime, senior federal counsel Liew Horng Bin told the High Court, adding that if such a judicial review were allowed, it would open the flood gates to halt other ongoing investigations.

The AGC representative cited the case of Latheefa Bibi Koya vs the MACC as a case in point, and asked the High Court to abide by the principle of stare decisis (to stand by things decided). In Latheefa's case, the applicant had similarly sought to stop the MACC's investigations but the courts — from the High Court right up to the Federal Court — did not agree to this.

“The Federal Court in its decision ruled that the exercise of the investigative stage is not amenable to judicial review. This is an endorsed judicial policy in exercising the power of the authorities to investigate.

“By seeking judicial review, it also provides the applicant with avenues to discovery and this amounted to fishing expeditions for evidence before a person is charged in court.

“If they (Daim and his family) want to file for judicial review, it could be done after a charge or charges have been made to the criminal court, but not before, when there is an ongoing investigation and no decision has been made either to charge or not to charge the individual,” Liew added.

Liew appeared with senior federal counsel Shamsul Bolhassan, who earlier submitted that an authority’s investigative power is not amenable to judicial review by the court, as allowing it would create chaos and public disorder.

Shamsul also said that the freezing of accounts is part of the investigative powers bestowed on the MACC.

“If investigations are allowed to be halted, the investigation would never be completed,” Shamsul added.

Liew also argued that the investigating authorities should be allowed some time to complete its probe, as Daim’s counsel Tan Sri Tommy Thomas was also involved in a "crime of the century" probe that lasted longer than six months.

Although Liew did not name the case, he is believed to have referenced former prime minister Datuk Seri Najib Razak’s 1Malaysia Development Bhd (1MDB)-related cases when Tommy was the AG.

For a judicial review, which is normally done ex parte (only in the interests of one-side), leave has to be gained before the full merits of the review can be heard to ensure that the application is not frivolous, vexatious or an abuse of the court process.

On Jan 10, Daim, whose real name is Che Abdul Daim Zainuddin, his wife Toh Puan Na’imah Abdul Khalid and four children — Asnida, Md Wira, Muhammed Amir Zainuddin and Muhammed Amin Zainuddin — along with their company Ilham Tower Sdn Bhd, filed a judicial review application to halt the MACC investigations and to quash the freezing of accounts and seizure of Ilham Tower.

The MACC confirmed on Dec 23 last year that it was investigating Daim based on allegations of corruption and money laundering, following the seizure of the 60-storey Ilham Tower.

Daim, however, has slammed the probe against him and his family as a "political witch hunt", saying they had done nothing wrong, and that the MACC had refused to tell him what alleged offences he was being investigated for.

The MACC then issued a statement on Dec 30 to say the probe on Daim began in February 2023, based on information released from the Pandora Papers. The investigation was under the MACC Act 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Act 2001, it said, but clarified it had never issued a statement accusing Daim of committing any offence. It also said the notice of seizure issued against Ilham Tower was part of its investigation process.

So far, Daim's wife Na'imah and two of their children have had their statements recorded by the MACC, with the wife later describing the session, which took over nine hours, as a "giant fishing expedition" by the MACC. Prior to being interrogated by the MACC, she told reporters that her husband was being persecuted for his wealth and success, and that being a successful businessman was not a crime.

Daim was supposed to be questioned by the MACC on Monday, but did not show up for the meeting as he was unwell, according to news reports.

Read also:
Daim's lawyer Tommy Thomas says if AGC's powers can be reviewed by the court, so too can MACC's
Ex-AG Tommy Thomas’ firm represents Daim and family to challenge MACC probe 
Daim slams MACC’s probe against him as a deeply disturbing abuse of power 
MACC seizes Ilham Tower belonging to Daim Zainuddin