KUALA LUMPUR (May 23): Lawyers for the late Tun Daim Zainuddin’s family have questioned the basis for the Malaysian Anti-Corruption Commission (MACC)’s recent comments that the former finance minister’s undeclared assets should be seized.
Lawyer Rajesh Nagarajan, in a statement on Friday, said that neither the government nor its agency has the right to arbitrarily seize assets of any citizen or his estate upon death.
“To suggest Daim’s assets be seized is an absurd, untenable and vindictive suggestion, as [Daim] has died and no charges are pending against him; neither has he ever been convicted of any criminal offence.
“On what basis can his assets, now administered by his estate, be seized? Did the MACC seek and receive legal advice before saying this? Was the Attorney General (AG) consulted and did he approve?” the lawyer asked.
He added that forfeiture of the said assets could only be done where a “serious” offence stipulated by the anti-money laundering act is proven in court.
This was not the case with the late Daim, who was charged in January 2024 under Section 36(2) of the Malaysian Anti-Corruption Commission Act with not abiding by the MACC’s notice to declare 71 assets.
Among the 71 assets are an Amanah Saham account, seven vehicles including a Rolls-Royce, an Austin Morris and a Jaguar XJS HE, 38 companies, and 25 properties.
However, following his death in November last year, the 86-year-old was given a posthumous acquittal.
Rajesh’s statement on Friday comes on the heels of MACC chief commissioner Tan Sri Azam Baki’s comments, who was reported as saying that the agency is considering forfeiting undeclared assets, worth over RM2 billion, belonging to Daim.
“Forfeiture certainly cannot be done over this newest claim of alleged non-declaration of assets, made by Azam yesterday (May 22). In other words, the property of citizens cannot be simply forfeited because the MACC or the government claim to have suspicions about the source or origin of the assets. If that is the case, no one’s property will be safe,” the lawyer said.
He noted that besides allegations and political attacks, there has yet to be any evidence produced to show that Daim was guilty of corruption.
“This endless campaign of slander, harassment and intimidation directed towards Daim’s widow and family is disgraceful, high handed, and must stop. It is cowardly, as Daim is no longer in a position to defend himself or his family,” Rajesh said.