KUALA LUMPUR (June 12): The Attorney General's Chambers (AGC) will be objecting to former finance minister Tun Daim Zainuddin and his family's leave application to challenge the seizure of their assets and freezing of their various bank accounts in relation to Malaysian Anti-Corruption Commission's (MACC) investigation into their finances.
Senior federal counsel (SFC) Shamsul Bolhassan informed the court on Wednesday.
The leave hearing has now been set for August 8 before High Court judge Datuk Ahmad Kamal Shahid.
During Wednesday's brief proceedings, SFC Ahmad Hanir bin Hambaly @ Arwi also appeared for the AGC while Daim and his family were represented by Nizamuddin Hamid.
When contacted, Nizamuddin also confirmed that the court has granted a protective order, where sensitive accounts information will not be made available to the public.
Daim and his family had filed a fresh legal challenge on June 6 seeking court orders to nullify seizure of their assets and unfreeze their accounts. They are also seeking general and exemplary damages.
Prime Minister Datuk Seri Anwar Ibrahim and MACC chief Tan Seri Azam Baki, along with two other MACC officers, have also been named as respondents in the latest suit filed by Daim and his family on Tuesday.
In her supporting affidavit, Daim's wife Toh Puan Na'imah Abdul Khalid 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.
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 a notice to declare their assets, where the former finance minister was alleged of failing to declare 71 assets, while his wife purportedly failed to declare 12 assets.
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.