Appeals Court dismisses Daim, family’s bid to challenge probe

Interview with Tun Daim Zainuddin at Menara Ilham, Kuala Lumpur.

PUTRAJAYA: The Court of Appeal has dismissed an appeal by Tun Daim Zainuddin and his family to set aside the High Court’s decision that rejected their leave application to commence judicial review on a probe by the Malaysian Anti-Corruption Commission (MACC).

A three-judge panel, chaired by Justice Azizah Nawawi, made the dismissal here yesterday.

In the unanimous decision, Justice Azizah said the appellants could raise their arguments during the criminal proceedings itself within the trial or criminal application to quash the charges.

“It cannot be said that the only option for the applicants is that of a judicial review, as the legality of the charges can be challenged in the criminal trial itself.

“To hold otherwise (allowing the judicial review) in our minds would expose the criminal investigative process of all law enforcement agencies in the country to constant judicial review,” she said.

The appellate court made no order as to costs.

The other judges on the bench were Justices Hashim Hamzah and Azizul Azmi Adnan.

Senior Federal Counsel Shamsul Bolhassan represented the respondents, while lawyer Tan Sri Tommy Thomas appeared for the appellants.

Daim and his family were appealing a March 4 decision by the High Court that dismissed their application for leave to commence judicial review over the MACC’s probe into their family.

In his judgment, High Court judge Justice Wan Ahmad Farid Wan Salleh said that Daim’s contention against the MACC should be addressed by a criminal application and not a judicial review.

The court also found that Daim and his family had failed to establish mala fide (bad faith) over the investigation.

On Jan 10, Daim and his family filed the leave application at the High Court, seeking a court declaration that MACC’s actions were unlawful, unconstitutional and void, among others.

Apart from Daim and his wife Toh Puan Na’imah Abdul Khalid, other applicants were their four children – Asnida, Md Wira Dani, Muhammed Amir Zainuddin, Muhammed Amin Zainuddin, as well as Ilham Tower.

In the application, they named the MACC and the public prosecutor as the first and second respondents, respectively.

According to the notice of application, they are seeking a declaration that the MACC and its officers have no reasonable cause for the investigation, which would lead to a prosecution for any offence under the MACC Act 2009 or the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001.

They sought a declaration that even if any charges were to be instituted against them, such charges would be unconstitutional and void because they would not receive a fair trial.

The family also wants an order of certiorari against the MACC and its officers to quash all investigations, as well as an order of prohibition to cease further investigations.

Daim and his family also sought for their properties, assets and monies that were seized to be returned to them.