Former finance minister Tun Daim Zainuddin and his family have taken legal action in an attempt to halt the Malaysian Anti-Corruption Commission's (MACC) investigation against them and prevent potential charges.
They have filed a lawsuit at the High Court in Kuala Lumpur, naming the MACC and the public prosecutor as respondents. Through a judicial review application, Daim, his wife Toh Puan Na’imah Abdul Khalid, his four children, and his family-controlled Ilham Tower Sdn Bhd are seeking various court orders and compensation from the MACC.
One of their requests is for the return of all seized documents, files, properties, assets, and monies within seven days. They also seek a declaration that the MACC lacks reasonable cause to investigate them under corruption or anti-money laundering laws. Moreover, Daim and his family want the court to declare any charges brought against them unconstitutional and void due to an alleged lack of a fair trial.
They argue that the delay of 22 years since Daim left public office would infringe upon their right to personal liberty under Article 5(1) of the Federal Constitution. Additionally, they want the court to rule the MACC's investigation notices as unlawful, unconstitutional, and void and to quash all investigations against them. Daim and his family stated that the MACC's notices issued on June 7, 2023, and any subsequent variations to them should have ceased to be effective from September 5, 2023.
The application for leave for judicial review is scheduled to be heard by High Court Judge Datuk Wan Ahmad Farid Wan Salleh on January 16. If leave is granted, the family seeks a stay order to halt all MACC investigations and actions until the court makes a decision. A stay order is commonly employed to maintain the status quo temporarily. Daim, his family, and Ilham Tower Sdn Bhd are represented by Tommy Thomas, the law firm where former attorney-general Tan Sri Tommy Thomas practices.
Daim, a lawyer and businessman, served as Malaysia's finance minister from 1984 to 1991 and was reappointed in 1999 until he resigned from all Cabinet positions on May 31, 2001. He clarified that he has not held any public office since then. He also mentioned his tenure as Umno treasurer from 1984 to November 2001. Ilham Tower Sdn Bhd, owned by Ilham Baru Sdn Bhd, holds the majority shares of Ilham Tower. Ilham Baru Sdn Bhd is fully owned by Daim's wife and two of his children.
According to court documents, Daim and his family complied with MACC's notices in December 2023. However, the MACC proceeded with further actions, including the seizure of Ilham Tower and the associated land on December 18, 2023, as well as raids on companies such as Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd on the same day. Daim reaffirmed his denial of any corrupt acts or wrongdoing by him or his family in a public statement on December 28, 2023, as stated in his affidavit.
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