5-3-2024 (KUALA LUMPUR) The Malaysian High Court has rejected the judicial review application filed by former finance minister Daim Zainuddin and his family regarding the Malaysian Anti-Corruption Commission’s (MACC) investigation against them. Judge Wan Ahmad Farid Wan Salleh delivered the ruling during an open court proceeding, with no order for costs.
Judge Wan Ahmad Farid stated that the applicants failed to establish any malicious intent against the MACC officer who conducted the investigation. The judge further emphasized that adopting a different interpretation of the law does not constitute an error of law justifying judicial review.
Daim Zainuddin, along with his wife Toh Puan Nai’mah Abdul Khalid and their four children, Asnida, Md Wira Dani, Muhammad Amir Zainuddin, and Muhammad Amin Zainuddin, along with Ilham Tower Sdn Bhd, filed the application on January 10. The MACC and the public prosecutor were named as the first and second respondents, respectively.
During the reading of the judgment, Judge Wan Ahmad Farid addressed the claim that the notices issued by the MACC were unlawful. He stated that mere suspicion or allegations of intimidation were insufficient grounds for judicial review. The judge also noted that Daim and his wife were already charged before the Session Court, and any allegations of political motives behind the investigation and prosecution should be addressed during the criminal trial.
Judge Wan Ahmad Farid highlighted that the applicants failed to provide compelling evidence or prima facie proof that the decision or omission of the MACC’s investigating officers warranted judicial review. He concluded that the threshold for establishing malicious intent was not met, leading to the failure of the judicial review application.
In their application, the applicants argued that the MACC initiated the investigation against Daim based on information obtained from the Pandora Papers, which are confidential files leaked in 2021. Daim asserted that the Pandora Papers did not implicate him or his family in any wrongdoing.
As part of their request, Daim and his family sought a court order to cancel all investigations initiated by the MACC from February 2023 onwards, as well as the cancellation of all notices issued by the anti-graft agency. However, with the dismissal of their judicial review application, these requests have been denied.
