On Monday, March 4, the Malaysian High Court denied the former finance minister Daim Zainuddin and his family’s request for judicial review of the Malaysian Anti-Corruption Commission’s (MACC) probe into them. During an open court procedure, Judge Wan Ahmad Farid Wan Salleh rendered the decision without issuing a cost order. The judge ruled that the applicants had not proven a genuine grievance against the MACC officer who had carried out the investigation. The application was submitted earlier by Ilham Tower Sdn Bhd, Daim, 85, his wife Toh Puan Nai’mah Abdul Khalid, 66, and their four children, Asnida, 62, Md Wira Dani, 45, Muhammad Amir Zainuddin, 28, and Muhammad Amin Zainuddin, 25.
The first and second respondents were identified as the MACC and the public prosecutor, respectively. Tommy Thomas defended Daim and his family, while Senior Federal Counsel (SFC) Shamsul Bolhassan represented the respondents. Judge Wan Ahmad Farid stated during the reading of the verdict that while the MACC’s notices are allegedly illegal, adopting an alternative legal interpretation does not constitute a legal error subject to judicial review.
He claimed that accusations of intimidation or even a mere suspicion of malfeasance were insufficient. “Daim and his spouse were previously subject to charges in the Session Court. The criminal trial should address the claim that political motivations are driving the investigation and subsequent indictment of the two. “A criminal application, not a judicial review, should be used to try to quash the prosecution at the Sessions Court,” the court declared. Additionally, he argued that the petitioners had not proven beyond a reasonable doubt and with strong evidence that the MACC’s investigating officers’ choice or omission qualified for judicial review.
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