Daim files court bid to quash MACC probe

Former finance minister Daim Zainuddin and five of his family members have turned to the civil court to halt the MACC investigation against them.

The six and Ilham Tower Sdn Bhd filed a judicial review leave application at the Kuala Lumpur High Court yesterday, which targeted MACC and the public prosecutor as the first and second respondents.

According to a copy of Daim’s supporting affidavit, he contended that the MACC’s conduct was perplexing and deeply disturbing.

The MACC probe was baseless and amounted to a fishing expedition, he added.

He claimed that the MACC did not disclose to him the nature of the offence that he was being investigated for since last year.

He alleged that the MACC only informed him that it was under Section 23 of the MACC Act 2009 for gratification.

He pointed out that he ceased being finance minister on May 31, 2001.

“Yet, in the Dec 18, 2023 raid (on Ilham Tower), the MACC were seeking documents from 2009, and those relating to the construction of Ilham Tower, which began in 2009 and was completed in 2015.

“I, therefore, believe that the MACC did not in fact have any basis (let alone reasonable cause) for believing that an offence was committed by me (or the rest of the second to fifth applicants) under Section 23 of the MACC Act for gratification in public office.

“MACC had thus embarked on a fishing expedition. This is a clear abuse of power. It is also unlawful,” Daim contended.

Daim said while the MACC cited the worldwide release of the Pandora Papers, which contained confidential files on offshore companies and assets linked to him and his family, as the basis for the probe against him, no investigation was carried out against several other well-known figures named in the leak.

READ MORE: How Daim, M’sia’s uber-rich use S’pore to store money offshore

He noted that at least two sitting ministers were named in the Pandora Papers, but to his knowledge, MACC has not investigated or questioned them, nor were any action taken against them.

Business success public knowledge

Through the affidavit, Daim said he was a fairly successful and wealthy businessperson before joining politics and holding public office as finance minister in 1984.

He left his legal career and went into business around 1969, and became involved in property development and banking.

He said he also had substantial interests in many public listed companies such as SimeUP, which is now Sime Darby, Guthrie, Cold Storage and Nestle Malaysia.

Before joining the cabinet, he said he was told he could transfer all his investments into a blind trust and he agreed, but about a year later the cabinet made a directive that he had to liquidate his investments in the publicly listed companies and a bank.

“My involvement in business was the subject of numerous books and articles even prior to my appointment as minister.

“The headline on my appointment stated ‘Malaysia’s New Finance Minister - Daim Zainuddin - the Quiet Millionaire (Sunday Times, Aug 12, 1984)’, ‘Tycoon Daim takes Finance’ - Millionaire entrepreneur Daim Zainuddin, 45, has been catapulted into the cabinet as finance minister (The Star, July 15, 1984).

“Hence, they have always been in the public domain," Daim added.

He also pointed out that he had always owned assets and properties overseas since the 1970s, long before he entered politics, and which was the result of legitimate business activities.

Seeking multiple reliefs

The seven judicial review applicants seek multiple reliefs, among them a declaration that MACC has no “reasonable cause” to investigate Daim and his family.

They seek a declaration that if any criminal charges were made against the applicants, this would be unconstitutional and void because they would not receive a fair trial with the delay of some 22 years before the instituting of the charges.

They not only seek a court order to cease the investigation and any prosecution against them but also for MACC to return all seized property, documents, files, assets and monies.

They are also seeking a mandamus order to compel MACC to unfreeze and return their assets and related companies' bank accounts.

The judicial review leave application is set for hearing before the Kuala Lumpur High Court next Tuesday.

Law firm Messrs Tommy Thomas is representing Daim and his family.

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