High Court told it cannot review MACC probe into Daim, family

High Court told it cannot review MACC probe into Daim, family

KUALA LUMPUR: The High Court here was today told that it has no authority to review an ongoing probe by the Malaysian Anti-Corruption Commission (MACC) into the affairs of a former Cabinet minister and his family.

Senior federal counsel Shamsul Bolhassan said the apex court had previously ruled that the exercise of powers by investigative bodies is not amenable to judicial review.

He said this when objecting to an application by former finance minister Daim Zainuddin and his family for leave to bring judicial review proceedings in respect of the anti-graft body’s investigation into their affairs.

Citing a 2017 case brought by lawyer Latheefa Koya to quash a notice compelling her to appear before the MACC in an investigation, he said the Federal Court ruled that such investigations and inquiries are not subject to judicial review.

“If everyone filed judicial review (against investigations), then they would never be completed,” he said, adding that until today, no charges have been brought against Daim or any of his family members.

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Last week, Daim, his wife and two sons filed an application for a judicial review in a bid to quash a probe by MACC into their affairs.

They said they were in the dark about the nature of the investigation, except for news reports claiming it was linked to the Pandora Papers.

The family claimed investigations began sometime in February 2023.

Daim and his family also said the MACC probe into alleged money laundering and abuse of power was unconstitutional.

Lawyer Tommy Thomas, appearing for the family, told the court that both the MACC Act 2009 and Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, under which his clients are being probed, only came into force after Daim had left public office.

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“MACC cannot go on a free rein to seize anything. They have to satisfy the court that Menara Ilham is a subject matter under Amla,” said Thomas.

He also said the family had bought the land sometime in 2009, and that construction of the building was completed in 2015.

Last month, MACC seized the 60-storey Ilham Tower, which is owned by a company controlled by Daim’s wife, Naimah, and their sons Amin and Amir.

Thomas also said Daim would be prejudiced if he was charged and tried in court.

“He is now 85 years old and to expect him to remember things from 26 years ago is unfair,” he added.

Justice Wan Ahmad Farid Wan Salleh fixed March 4 to rule on whether to grant leave for judicial review.

High Court told it cannot review MACC probe into Daim, family