“His (Daim’s) wish [was that] he needed to clear his name [of] what he perceived as [a] baseless charge brought for reasons for which he himself can't explain.”
KUALA LUMPUR (Nov 20): The criminal charge against the late former finance minister Tun Daim Zainuddin, for a failure to declare his assets, has been dropped following his demise.
Sessions Court judge Azura Alwi on Wednesday granted a discharge and acquittal after the prosecution informed the court that they did not wish to pursue the criminal matter.
“The late Tun Daim is discharged and acquitted per Section 254(3) of the Criminal Procedure Code (CPC),” she said. “I convey my condolences to the family of the deceased [and] may the deceased be placed among the righteous.”
Section 254(3) of the CPC states that the public prosecutor may decline to prosecute further at any stage, and such a discharge shall not amount to an acquittal unless the court so directs.
The bail of RM 280,000 is void and refunded, she added.
Daim’s counsel Datuk Gurdial Singh Nijar, however, made it known to court that it was Daim’s instruction for the case to continue. He said that Daim’s dying wish was to clear his name and that his family also wanted the trial to continue.
“My instructions are that the trial, despite his death, ought to proceed,” Gurdial said. “His (Daim’s) wish [was that] he needed to clear his name [of] what he perceived as [a] baseless charge brought for reasons for which he himself can't explain,” he said.
Gurdial said that the matter ought to be ventilated during the trial, to show that the charge against his client was trumped-up. He, however added later that an acquittal would amount to an exoneration to Daim’s family.
The lawyer was echoing a Tuesday press statement by Daim's widow, Toh Puan Na’imah Abdul Khalid, that the case should continue, confident that her later husband would be exonerated.
The prosecution, which was led by deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin, pointed out that should the trial proceed and Daim is found guilty, who and how would the sentence be served and carried out.
“When there is a charge, there must be a corpus, or a body attached to the charge. At this stage, there is no body,” he said.
Wan Shaharuddin stressed that it was within the prosecution’s discretion, as laid out by the Federal Constitution, to continue or discontinue with the case.
In response, Azura pointed out that in the event that the prosecution proves its case and the defence is called, there is a poser over who would answer for Daim.
“[If] I call for defence, who is going to [take the stand]?” she asked.
Daim, 86 passed away last week. A well-known finance minister and businessman, as well as former Umno treasurer, he was pivotal in steering the country out of recession in the 1990s, twice.
He was charged in January this year per Section 36(2) of the Malaysian Anti-Corruption Commission Act with not abiding by the notice to declare 71 assets.
Among the 71 assets are one Amanah Saham account, seven vehicles including a Rolls-Royce, an Austin Morris Austin and a Jaguar XJS HE, 38 companies, and 25 properties.
Some the companies mentioned in the charge include Ibu Kota Developments Sdn Bhd, Maya Seni Holdings Sdn Bhd, Menara Ampang Sdn Bhd, Dream Cruiser Sdn Bhd, Landbelt Corporation Sdn Bhd, Avillion Bhd, Admiral Cove Development Sdn Bhd and Avillion Hotels International Sdn Bhd.
The properties listed meanwhile include Ritchie Condo in Persiaran Ritchie and Desa Kuda Lari in Kuala Lumpur, Avillion Port Dickson, Avillion Admiral Cove and Admiral Marina and Leisure Club in Negeri Sembilan.
Likewise, Na'imah also faces a similar charge for failure to declare 12 assets. The husband and wife have claimed trial. The charge carries a penalty of up to five years’ imprisonment and a maximum fine of RM100,000 upon conviction.
Both Daim — when he was alive — and Na'imah maintained that the charges and investigations against their family were politically motivated.