Daim and family file legal bid to challenge freezing of bank accounts by MACC, name Anwar in suit as well
KUALA LUMPUR, June 11 — Former finance minister Tun Daim Zainuddin and his family have commenced a legal bid to challenge the seizure of their assets and freezing of various bank accounts in relation to the Malaysian Anti-Corruption Commission’s (MACC) investigation into their finances.
In court documents sighted by Malay Mail, Daim and his wife Toh Puan Na’imah Abdul Khalid including four of their children, named the Malaysian government, Prime Minister Datuk Seri Anwar Ibrahim, MACC chief Tan Seri Azam Baki and two other MACC officers as respondents in this latest suit.
In this latest legal bid filed on June 6, Daim and his family are seeking several court declarations to nullify the seizure of assets and to unfreeze their bank accounts belonging to 18 entities, in a leave application for judicial review at the Kuala Lumpur High Court.
Among the declarations sought include declaring the asset seizures executed by the MACC is illegal, abuse of power, irrational and in bad faith.
They are also seeking general and exemplary damages.
For those who filed lawsuits through judicial review applications, they will have to first get the court’s leave or permission for the lawsuit to be heard.
According to the court’s e-filing system, the aforementioned legal bid is set to be heard before High Court judge Datuk Wan Ahmad Farid Wan Salleh on June 12.
In addition, Na’imah in a 508-page supporting affidavit claimed that the seizure order under Section 44 (5) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUA Act) lapses after 90 days after no charges pertaining to money laundering have been preferred to the applicants in the current suit.
“I truly believe and state that starting from the Order Freezing the Property until the date of filing this application, the Applicants have never been accused of any offenses under the (AMLATFPUA Act) within the relevant 90-day period which expired on September 05, 2023.
“Therefore, I truly believe that the fourth respondent (MACC) has no actual reasonable reason to continue freezing the bank accounts linked to the applicants wholly or separately,” she said.
She also claimed she and her family have been targeted by Anwar since her husband was a close acquaintance to former prime minister Tun Dr Mahathir Mohamad, and that Anwar and Dr Mahathir had “chequered history” which was well-known.
“I am advised by my lawyers where I truly believe verily and factually there are reasonable grounds to believe the fifth respondent (Anwar) has the authority or influence to instruct the fourth respondent (MACC) to take action for the purpose of furthering his personal agenda against the applicants,” she said.
Earlier this year, both Daim and his wife had been charged, not under AMLA, but under Section 36(2) of the MACC Act with failure to abide by the notice to declare their assets, where the former finance minister is alleged to have failed to declare 71 assets, while his wife did not declare 12 purported assets.
The 18 aforementioned entities named were AAD Equity Sdn Bhd, Yayasan Haji Zainuddin, Ilham Baru Sdn Bhd, Anchor Point Sdn Bhd, Kangkung Catering Sdn Bhd, Adrihaniz Sdn Bhd, Syarikat Malur Sdn Bhd, Amiraz Sdn Bhd, Ridana Sdn Bhd, Daan Sdn Bhd, Maya Seni Holdings Sdn Bhd, Magical Zone Sdn Bhd, Permatang Maju (M) Sdn Bhd, Brainstorms Sdn Bhd, Arida Farms Sdn Bhd, Gajah3 Resource Centre Sdn Bhd, Ilham Tower Sdn Bhd, and Selidik Jaya Sdn Bhd.
