MACC assets forfeiture suggestion against Daim 'absurd', says lawyer

Summary

• The late Daim Zainuddin’s family’s lawyer slams MACC chief Azam Baki’s request for the government to seize their allegedly undeclared asset, calling it absurd and vindictive.

• Rajesh Nagarajan points out that Daim has never been convicted of any criminal offence or has any pending charges.

• Rajesh adds that the request seems to be further political posturing characteristic of Prime Minister Anwar Ibrahim’s repeated attacks against Daim.

A lawyer representing the late Daim Zainuddin’s family has slammed MACC chief Azam Baki for asking the government to forfeit Daim’s alleged undeclared assets.

Rajesh Nagarajan said Azam’s suggestion was “absurd, untenable, and vindictive” as the former finance minister has died and there are no criminal charges pending against him.

He pointed out that Daim had not been convicted of any criminal offence to warrant such action against his estate.

“On what basis can his assets, now administered by his estate, be seized? Did the MACC seek and receive legal advice before saying this?

“Was the attorney-general consulted, and did he approve?

“It beggars belief that a head of an enforcement body would expose his agency to such ridicule by making such an ignorant statement without any legal basis,” Rajesh said in a statement today.

The solicitor, who acted on behalf of Daim’s widow Na’imah Abdul Khalid and their family, was responding to Azam’s press conference held at the MACC headquarters yesterday.

Azam reportedly said MACC has received information that Daim allegedly had more assets overseas that he failed to declare to the agency, and if this were true, they would suggest the assets be forfeited.

‘Political posturing’

Rajesh then expressed his disbelief over MACC’s plan, saying it was difficult to understand why the agency chose to make a press statement on the matter rather than filing an application in court.

“It appears to be political posturing against Daim and family, in line with the repeated attacks made by the prime minister on them since he took power,” he said.

According to the lawyer, MACC and the government have no powers to arbitrarily seize the property of any citizen or their estate upon death.

Such action is only allowed when someone is convicted of a serious offence under the Second Schedule of the Anti-Money Laundering Act, and there is a court order for such forfeiture, he said.

“No such charge has ever been brought against Daim, except for the technical offence of non-declaration of assets, which is not a ‘serious offence’,”  Rajesh added.

He said forfeiture of assets cannot be done simply because MACC or the government claims to have suspicions about their source or origin.

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