8-8-2024 (KUALA LUMPUR) Tun Daim Zainuddin, Malaysia’s erstwhile finance minister, has lodged an application demanding the prosecution produce the report filed against him with the Malaysian Anti-Corruption Commission (MACC). This report led to charges being brought against Daim for allegedly failing to declare his assets, a case that has captured national attention and raised questions about transparency in high-level politics.
The application, filed on 31 July, asserts that the MACC report forms the foundation of the notice served to Daim, requiring him to declare his assets. In his supporting affidavit, the former minister revealed that his defence team had previously sought a copy of the report from the MACC but received no response. Daim contends that this lack of disclosure contravenes Section 51A of the Criminal Procedure Code, which mandates the sharing of such pertinent information.
Daim’s legal strategy hinges on the potential exculpatory nature of the report. He argues that access to this document is crucial for mounting an effective defence, emphasising that the prosecution has a legal obligation to furnish him with the report.
The case took an intriguing turn during a case management session on Thursday, 8 August, when Sessions Court Judge Azura Alwi inquired about the existence of the report. Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin confirmed its existence but stated that the prosecution did not intend to rely on the document during the trial. This revelation has sparked debate about the relevance and potential impact of the report on the case’s outcome.
The court has scheduled 27 August to hear Daim’s disclosure application, setting the stage for a potentially pivotal moment in the proceedings.
The charges against Daim, which were formally brought on 29 January at the Sessions Court, allege that he intentionally provided a written statement under oath that failed to comply with the terms of notice under Section 36(1)(b) of the MACC Act 2009. Specifically, he is accused of not declaring assets listed in Appendix A of the charge sheet.
The assets in question paint a picture of considerable wealth, including a bank account, seven luxury vehicles, stakes in 38 companies, and 25 parcels of land and properties scattered across Kuala Lumpur, Negeri Sembilan, Pahang, and Perak. The alleged offence is said to have occurred at the MACC headquarters in Putrajaya on 13 December 2023.
If found guilty, Daim faces severe penalties under Section 36(2) of the MACC Act 2009, including up to five years’ imprisonment and a fine not exceeding RM100,000.
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