Daim, family file court challenge to stop MACC probe, have seized assets returned

KUALA LUMPUR, Jan 11 — Former finance minister Tun Daim Zainuddin and his family have filed a lawsuit seeking court orders to stop the Malaysian Anti-Corruption Commission’s (MACC) investigation against them and prevent any charges that may result, claiming possible prejudice.

In the action filed at the High Court in Kuala Lumpur yesterday, Daim, his wife Toh Puan Na’imah Abdul Khalid, his four children, and his family-controlled Ilham Tower Sdn Bhd named the respondents as the MACC and the public prosecutor.

In the court case filed through a judicial review application, Daim and the six others are also seeking compensation from the MACC in the form of general and exemplary damages, among other things.

They are also seeking a court order for the MACC to be compelled to return “all documents, files, papers, records, properties, assets and monies seized or obtained” from the commission’s investigations against Daim and his family within seven days of such a court order.

The orders are part of the 11 Daim and his family are seeking, with the rest including a declaration that the MACC has no reasonable cause to investigate him and his family that would lead to prosecution under a corruption law or anti-money laundering law.

They want the court to issue a declaration that even if any charges are brought against Daim and his family, such charges would be unconstitutional and void as they would allegedly “not receive a fair trial” in light of the delay of 22 years for the charges to be brought and would infringe their right to personal liberty under the Federal Constitution’s Article 5(1). (The 22 years referred to here is in relation to Daim having left public office since 22 years ago or since 2001, based on Daim’s affidavit for the court challenge.)

They are also seeking a declaration that the list of notices issued by MACC for the investigation are unlawful, unconstitutional, and void; and a court order against MACC to quash all investigations against him and his family and to quash the MACC-issued notices.

Daim and his family also sought a court order for the MACC to “cease all further investigations” against them and a court order for the public prosecutor to not prosecute them.

They also want the court to order the MACC to revoke its June 7, 2023 notices which had resulted in Daim and his family’s assets, bank accounts and related companies’ bank accounts to be frozen, and to order the MACC to revoke its January 3, 2024 notice which had resulted in the freezing of their assets and vehicles at his former residence.

(Daim in an affidavit said he was advised by his lawyers that the freezing orders under the June 7, 2023 notices ceased to have legal effect after 90 days or after September 5, 2023 and argued that the continued freezing of his and his family’s bank accounts and properties would be unlawful.)

Daim and his family are seeking for the court to issue a declaration that the June 7, 2023 notices issued by the MACC and any variations made to those notices ceased to have effect from September 5, 2023.

As the case was filed via a judicial review application, Daim and his family will have to first obtain leave from the High Court before the actual court challenge can be heard.

High Court judge Datuk Wan Ahmad Farid Wan Salleh is scheduled to hear the application for leave for judicial review on January 16.

If the High Court grants leave for the court challenge to be heard, Daim and his family are seeking for the court to issue a stay order — for the MACC to case all investigations against them and to cease issuing any further notices and to cease taking any further action in relation to the notices — until the court decides on the case. A stay order is typically sought to temporarily preserve the status quo.

Daim, his family and Ilham Tower Sdn Bhd are represented by the law firm Tommy Thomas, which is the law firm where former attorney-general Tan Sri Tommy Thomas practises.

Daim is a lawyer and businessman, and in court documents said he was finance minister of Malaysia from 1984 to 1991, and was reappointed to the same position in 1999 until his resignation from all Cabinet positions on May 31, 2001. He said he has held no public office since then.

Daim also said he was appointed Umno treasurer in 1984 and resigned from the post in November 2001.

Ilham Tower Sdn Bhd is the owner of Ilham Tower, and the company’s majority shares are owned by Ilham Baru Sdn Bhd which in turn is fully owned by Daim’s wife and two of his children.

According to court documents, Daim and his family said they had in December 2023 complied with MACC’s notices, but that the MACC later continued further action such as a December 18, 2023 seizure of the 60-storey Ilham Tower and the land it is located on as well as raids on the same day of companies such as Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd.

In his affidavit, Daim reiterated his December 28, 2023 public statement where he had denied any corrupt act or wrongdoing by him or his family.