The asset declaration case against former finance minister Daim Zainuddin has officially been dropped following his passing on November 13. The prosecution, citing Daim’s death, informed the sessions court of their decision to withdraw the charge filed under Section 36(2) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
Deputy public prosecutor Wan Shaharuddin Wan Ladin extended condolences to Daim’s family while announcing the withdrawal. Judge Azura Alwi, presiding over the case, granted an order to discharge and acquit Daim, also expressing the court’s sympathies to his family.
Daim had been charged in January for failing to comply with an asset declaration notice issued by the MACC. The allegations involved undeclared ownership of 38 companies, 19 plots of land across Selangor, Negeri Sembilan, Pahang, Kedah, and Kuala Lumpur, as well as six properties. Additional claims included undisclosed ownership of Amanah Saham Nasional Berhad (ASNB) and Amanah Saham Nasional (ASN) accounts and seven luxury vehicles. The alleged offence was dated December 13, 2023.
Family’s Desire to Continue the Case
During the court proceedings, Daim’s lawyer, Gurdial Singh Nijar, revealed that the late minister’s family had expressed their wish for the case to continue posthumously. According to Gurdial, Daim had been eager to clear his name and contest what he considered a baseless charge.
“We respect the prosecution’s decision but believe Daim would have wanted the opportunity to address the allegations,” Gurdial told the court. He also emphasized that if the prosecution chose to withdraw, Daim should be fully discharged and acquitted, ensuring no lingering legal implications.
However, Deputy Public Prosecutor Wan Shaharuddin highlighted the impracticality of pursuing a case against a deceased individual. “There is no avenue for sentencing or penalties when the accused is no longer alive,” he said. The court accepted the prosecution’s reasoning and issued the discharge and acquittal order.
Widow’s Legal Battle Continues
While Daim’s case has been concluded, legal proceedings remain ongoing for his widow, Naimah Khalid. She faces similar charges of failing to declare ownership of various companies, plots of land in Kuala Lumpur and Penang, and two vehicles. The court has scheduled January 15 to hear Naimah’s application to refer specific questions regarding her charges to the High Court for determination.
A Legacy Marked by Controversy
Daim Zainuddin, a towering figure in Malaysia’s political and financial spheres, held the finance ministerial post twice during pivotal moments in the nation’s economic history. However, his career was not without controversy, with allegations of undeclared assets casting a shadow over his legacy in his later years.
The decision to withdraw the case posthumously underscores a fundamental legal principle: the futility of prosecuting the deceased. At the same time, it leaves unresolved questions about the allegations that Daim’s family had hoped to address. As his widow’s case unfolds, it may provide further clarity on the broader circumstances surrounding these high-profile accusations.
Daim’s passing and the subsequent closure of his case mark the end of one chapter while leaving others open for scrutiny in Malaysia’s legal and political landscape.
Information Source: Malay Mail, FMT, The Vibes
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