KUALA LUMPUR (June 11): Former finance minister Tun Daim Zainuddin and his family have initiated another legal action to challenge the seizure of their assets and freezing of various accounts in relation to the Malaysian Anti-Corruption Commission's (MACC) investigation into their finances.
Besides the graft busters and the government — who were named as respondents in his last challenge back in January — Daim has also included Prime Minister Datuk Seri Anwar Ibrahim, MACC chief Tan Seri Azam Baki and two other MACC officers as respondents in this latest suit.
Daim and his family are seeking court orders to nullify the seizure of assets and to unfreeze their accounts, in a leave application for judicial review filed on June 6. They are also seeking general and exemplary damages.
The matter is set to be heard at the High Court on Wednesday.
Per her supporting affidavit seen by The Edge, Daim's wife Toh Puan Na'imah Abdul Khalid Na'imah has claimed that since no charges pertaining to money laundering have been preferred to date, the seizure order under Section 44 (5) of the Anti-Money Laundering (AMLA Act) lapses after 90 days from the date of the order.
"I truly believe and state that starting from the Order Freezing the Property until the date of filing this application, the Applicants have never been accused of any offenses under the [AMLA Act] within the relevant 90-day period which expired on Sept 05, 2023.
"[...] So, I really believe that the [MACC] actually has no reason and/or reason which is reasonable to maintain the action of freezing the accounts banks belonging to and/or related to the Applicants respectively whole and/or separately," she said.
Earlier this year, both Daim and his wife had been charged, not under AMLA, but under Section 36(2) of the MACC Act with failure to abide by the notice to declare their assets, where the former finance minister is alleged to have failed to declare 71 assets, while his wife did not declare 12 purported assets.
She also claimed that her family was targeted by Anwar, who she said exerted his influence which resulted in the investigations.
Besides Daim and Na'imah, other plaintiffs in this action include their four children, Asnida, Md Wira Dani, Muhammed Amir Zainuddin and Muhammed Amin Zainuddin, along with 18 companies.
The companies are AAD Equity Sdn Bhd, Yayasan Haji Zainuddin, Ilham Baru Sdn Bhd, Anchor Point Sdn Bhd, Kangkung Catering Sdn Bhd, Adrihaniz Sdn Bhd, Syarikat Malur Sdn Bhd, Amiraz Sdn Bhd, Ridana Sdn Bhd, Daan Sdn Bhd, Maya Seni Holdings Sdn Bhd, Magical Zone Sdn Bhd, Permatang Maju (M) Sdn Bhd, Brainstorms Sdn Bhd, Arida Farms Sdn Bhd, Gajah3 Resource Centre Sdn Bhd, Ilham Tower Sdn Bhd, and Selidik Jaya Sdn Bhd.
Daim and his family's first judicial review application was dismissed by the High Court on the grounds that they failed to establish that the investigation carried out by the graft-busters was done in bad faith. Judge Wan Ahmad Farid Wan Salleh also said that the mere suspicion of mala fide was not sufficient grounds to mount a legal action.