KUALA LUMPUR (Nov 22): Malaysia’s Anti-Corruption Commission (MACC) said on Friday it will continue to investigate the late Tun Daim Zainuddin, his wife and other family members.
While the charge for failing to declare his assets has been dropped, the investigation under Section 23 of the MACC Act 2009 and Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) remain ongoing.
Section 23 of the MACC Act stipulates that using one's office or position for gratification constitutes an offence, while Section 4(1) of AMLA defines the offence of money laundering.
“The investigation into the money trail abroad is actively ongoing in collaboration with international agencies,” the anti-graft agency said in a statement.
The statement comes after the court discharged and acquitted Daim on Wednesday as the prosecution decided to drop the case following his death a week earlier.
Daim was initially charged on Jan 29 this year under Section 36(2) of the MACC Act for failing to comply with a notice to declare his assets. These included luxury vehicles, companies, and properties in Kuala Lumpur, Selangor, Pahang, Negeri Sembilan, Perak, and Kedah.
He pleaded not guilty to the charge, and died on Nov 13 before having his day in the court. His widow, Toh Puan Na’imah Abdul Khalid, issued a statement asserting that the criminal charge should have gone to a full trial. She expressed confidence that Daim would have been exonerated.
"On behalf of Daim, I categorically state that it was his wish for the pending charge to proceed in court to its conclusion, regardless of the outcome," she said. "Daim looked forward to his day in court and was confident of being acquitted."
The MACC noted that the discharge and acquittal were granted under Section 254(3) of the Criminal Procedure Code, which allows the public prosecutor to discontinue proceedings at any stage. The discharge, however, does not amount to an acquittal unless directed by the court.