KUALA LUMPUR: The Malaysian High Court on Monday ( Mar 4 ) dismissed a judicial review application by former finance minister Daim Zainuddin and his family over the Malaysian Anti- Corruption Commission’s ( MACC ) investigation against them.
Judge Wan Ahmad Farid Wan Salleh made the ruling with no attempt as to prices during an open court moving.
” The entrants failed to establish mala genuine aspect against the MACC commander who conducted the analysis”, said the judge.
Daim, 85, and his family Toh Puan Nai’mah Abdul Khalid, 66, and their four kids Asnida, 62, Md Wira Dani, 45, Muhammad Amir Zainuddin, 28 and Muhammad Amin Zainuddin, 25, along with Ilham Tower Sdn Bhd as the candidates, filed the program before on Jan 10.
They named the MACC and the public prosecutor as the first and second responders.
Senior Federal Counsel ( SFC) Shamsul Bolhassan appeared for the respondents while counsel Tommy Thomas represented Daim and his family.
When reading out the assessment, Judge Wan Ahmad Farid said that on the argument that the finds issued by the MACC are immoral, the implementation of a different interpretation of the law does not amount to an failure of legislation that is conducive to judicial review.
He said simple suspicion of ka genuine or even allegation of coercion was inadequate.
” Daim and his family were now charged before the Session Court … the issue of the argument that the exploration and eventual trial of the trio are actuated by social intentions may be addressed at the criminal prosecution.
” The effort to suppress the trial at the Sessions Court may be made by way of a legal application, never by way of a criminal review,” said the judge.
He even contended that the candidates failed to establish with convincing proof and prima facie evidence that the selection or absence of the MACC’s investigating officers falls within the standard grounds of judicial evaluation.
” In brief, the level is not crossed. Since the applicants have failed to establish ka genuine, this software for keep for judicial review may crash. There is no clear case disclosed in favour of granting the pleasure sought at the substantial reading, if keep is granted.
” The offer of left under the situation would be an exercise in futility. So, the program for left is refused”, said the judge.
In the program, the candidates claimed that on Dec 30, 2023, the MACC issued a statement stating that an exploration against Daim had been opened based on information obtained from the Pandora Papers.
Daim said the Pandora Papers are private records that leaked in 2021, revealing the names of owners of onshore companies, assets and bank accounts outside Malaysia’s control, and that these files do not show any crime by him and his relatives.
Thus, among other things, Daim and his relatives are seeking a court order for the MACC and its officers to withdraw all investigations initiated against them from February 2023 until then, and to also withdraw all notices issued by the anti- graft agency.