PUTRAJAYA (May 9): Former finance minister Tun Daim Zainuddin has failed in his appeal to reinstate his legal challenge against the Malaysian Anti-Corruption Commission (MACC) over its investigation into his and his family’s finances, which had led to the freezing of their various accounts and the seizure of Ilham Tower.
On Thursday, a three-member panel, led by Court of Appeal (COA) judge Datuk Azizah Nawawi, unanimously dismissed the appeal on the grounds that criminal investigations are not open for judicial review.
"To hold otherwise, in our minds, would be exposing the criminal investigative process of all law enforcement agencies in the country to constant judicial review [...]
"The actions and decisions of public authority in exercising its power in the court of criminal investigation are not open for judicial review," she said in a panel which also included COA judges Datuk Hashim Hamzah and Datuk Azizul Azmi Adnan.
Azizah added that complaints raised by Daim could be brought up in the criminal process itself within the trial, or an application to strike out the charges could be filed.
"It cannot be said that the only option for the applicant[s] is that of a judicial review, as the legality of the charges can be challenged in the criminal trial itself," she said.
The panel made no order as to cost.
Daim is appealing against the High Court’s decision last March, which dismissed his leave application to commence a judicial review of the graft buster's investigations and charges against him.
The 86-year-old, along with his wife Toh Puan Na'imah Abdul Khalid, their four children — Asnida, Md Wira Dani, Muhammed Amir Zainuddin, and Muhammed Amin Zainuddin — and Ilham Tower, which was seized by the MACC last December, had initiated the legal challenge.
The High Court dismissed the application on the grounds that the applicants failed to establish that the investigation carried out by the graft buster was done in bad faith. Judge Wan Ahmad Farid Wan Salleh also said that the mere suspicion of mala fide (bad faith) was not sufficient grounds to mount a legal action.
The public prosecutor was also named as a respondent in the legal action where, among others, the applicants were seeking a declaration that the agency has no reasonable cause to investigate them for an offence under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act, 2001 (AMLA).
Previously, the MACC had said that it opened an investigation paper on Daim in February 2023 based on information from the Pandora Papers, referring to the massive leak of millions of documents in 2021 which had exposed hidden wealth and tax avoidance of the past and present leaders across the globe.
Daim in turn had denied any wrongdoing, calling the investigations "nothing short of a political witch-hunt" against him and his family.
Earlier this year, both Daim and his wife were charged under Section 36(2) of the MACC Act with not abiding by the notice to declare their assets, where Daim is accused of not declaring 71 assets, while his wife is accused of not declaring 12 purported assets.
At the COA, Daim was represented by former attorney general Tan Sri Tommy Thomas, while senior federal counsel Shamsul Bolhassan appeared for the respondents.
Daim files application for criminal case to be heard by a another Session's Court judge
Meanwhile, during a case management for Daim's criminal case at the Kuala Lumpur Sessions Court on Thursday, Daim had applied for his criminal case to be tried in a separate court from his wife.
Based on court documents, the reasons for his application was that there could be injustice and prejudice should the same Sessions Court judge (Azura Alwi) hear the husband and the wife's case.
Azura has set July 4 to hear the transfer application.
At the Sessions Court, deputy public prosecutor Law Chin How appeared for the prosecution, while Daim was represented by M Puravelan.