Daim lawyers warn MACC against power abuse, diversion as family vows to fight asset forfeiture bid

Lawyers for the family of the late Daim Zainuddin have warned that the Malaysian Anti-Corruption Commission's (MACC) failure to specify the alleged offence committed by their clients despite three years of investigation amounts to an abuse of power, as they vowed to fight a fresh application to forfeit properties linked to the former finance minister.

"After almost three years, there have been no answers despite our clients' repeated requests for an explanation of the actions taken against them and their family members," said lawyer Nizamuddin Hamid, representing Daim's widow, Na'imah Khalid.

MACC's application today concerns Malaysian bank accounts linked to Daim, in the first of a series of forfeiture moves by the agency.

Nizamuddin said the latest application also made no mention of alleged offences under any related laws, other than charges relating to the investigation process under Section 36 of the MACC Act.

"This continued failure to provide an explanation amounts to an abuse of power and raises serious concerns about compliance with the rule of law," he said.

He said accounts related to Daim have been frozen for more than 30 months, which is far beyond the time limit for charges to be brought as required under Section 41.

"In other words, after more than 30 months, in the absence of any charges, suddenly this forfeiture application appears.

"Even so, it is not based on a predicate offence under MACC, but only on compliance with investigation procedures. That, in itself, is not a crime of corruption," he said.

Meanwhile, Nizamuddin said the court today granted a gag order against any publication of names and bank account details of assets.

"We are always told about the list of assets, but what is the offence?" he asked.

'Don't waste public funds and civil servants' time'

Nizamuddin warned authorities against any abuse of power or action "to divert the people's attention from real issues of national leadership", adding that it would also mean a waste of public funds and civil servants' time.

Months after coming to power in late 2022, Anwar Ibrahim has repeatedly made his former mentor Daim a target of attacks, with accusations that the latter amassed wealth illegally, a frequent claim by the prime minister against his political enemies.

This was followed by MACC chief commissioner Azam Baki announcing a graft investigation into Daim and Na'imah, although the couple were charged only with failing to comply with a notice to declare assets.

MACC's investigation quickly became embroiled in controversy following a damning report by Bloomberg that the probe was launched by Azam under pressure from Anwar.

Bloomberg cited three informed sources as saying that Azam had told his officers that investigations into Daim and former leader Dr Mahathir Mohamad were launched on Anwar's instructions.

In May this year, fresh from being given another extension to helm MACC, Azam announced steps to freeze Daim's business assets abroad, a move slammed by Na'imah as politically motivated and done "behind closed doors" without allowing her defence.

Nizamuddin reminded MACC not to violate the rule of law in exercising its powers.

"Our clients hope they will no longer be unfairly targeted by enforcement agencies abusing their powers whenever issues involving the government arise.

"Our clients will continue to fight for their rights under the law through the courts to ensure that due process is followed and that the legal protections afforded to them are respected," he added.