Kuala lumpur: The High Court today scheduled November 5 to announce its decision on the application by the family of the late Tun Daim Zainuddin seeking leave to commence judicial review proceedings against the Malaysian Anti-Corruption Commission’s (MACC) seizure and freezing of their bank accounts. This decision follows the hearing of submissions from senior federal counsel Nurhafizza Azizan, representing the Attorney-General, and lawyer Datuk Dr. Gurdial Singh Nijar, who represented Daim’s family.
According to BERNAMA News Agency, Gurdial argued that the family had established a prima facie case, suggesting abuse of power by the respondents, who allegedly used various statutes to indefinitely extend the freezing or seizure of the family’s assets beyond their investigative authority. He stressed that there are triable issues requiring further debate at the substantive stage and that the application should not be dismissed if it is not frivolous or vexatious.
Conversely, Nurhafizza contended that the seizures were executed as part of a criminal investigation and are not subject to judicial review. She argued that the family’s allegations of political motivation and mala fide intent behind the asset freezing lack compelling evidence and do not singularly prove the claims.
The application, filed on June 6, 2024, by Daim’s family, seeks to overturn the MACC’s actions under Section 50 of the Anti-Money Laundering, Anti-Terrorist Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA). The applicants include Daim’s wife, Toh Puan Na’imah Abdul Khalid, their four children, and 18 companies linked to the family.
The applicants have named several respondents, including MACC officials and the Government of Malaysia, and are requesting a declaration that the freezing order and all related actions by the respondents are invalid. Na’imah, in her affidavit, highlighted that no money laundering charges have been filed, and the seizure order should lapse after 90 days per Section 44 (5) of the Anti-Money Laundering (AMLA).