COURT FIXES NOV 5 TO DECIDE LEAVE FOR JUDICIAL REVIEW BID BY DAIM’S FAMILY

KUALA LUMPUR, Oct 7 (Bernama) -- The High Court today fixed Nov 5 to deliver its decision on an application by the family of the late Tun Daim Zainuddin to obtain leave to initiate judicial review proceedings to challenge the Malaysian Anti-Corruption Commission’s (MACC) action in seizing and freezing their bank accounts.

Judge Datuk Aliza Sulaiman set the date after hearing submissions from senior federal counsel (SFC) Nurhafizza Azizan, representing the Attorney-General, while lawyer Datuk Dr Gurdial Singh Nijar represented Daim and his family.

Earlier, Gurdial submitted that the applicants have established prima facie that there was arguably a clear signal that the respondents had abused their powers by invoking different statutes to indeterminately prolong the freezing or seizure of the applicants' properties beyond the powers conferred on them in the investigation of an offence.

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"There are clear triable issues that warrant further argument by the parties at the substantive stage. Therefore, it is trite that leave will be granted as long as the application is not frivolous and vexatious to merit refusal of leave in limine and it justifies further arguments at the substantive stage," he said.

Meanwhile, Nurhafizza argued that the seizure was an exercise of function in the course of criminal investigation and was not amenable to judicial review.

"The applicants’ allegations essentially boil down to the complaints that the freezing of the applicants’ bank account is done without basis and the investigation against them is politically motivated and tainted with mala fide," she said.

Nurhafizza also said the applicants failed to adduce compelling and prima facie proof which “singularly lead to the inevitable conclusion” that the allegations had been proved.

In their application, filed on June 6, 2024, Daim and his family are seeking an order to set aside the MACC's action in seizing and freezing their movable assets, under Section 50 of the Anti-Money Laundering, Anti-Terrorist Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).

Apart from Daim, the applicants include his wife, Toh Puan Na'imah Abdul Khalid; and their four children, Asnida, Wira Dani, Muhammed Amir Zainuddin, and Muhammed Amin Zainuddin.

Eighteen companies are also named as applicants, namely Aad Equity Sdn Bhd; Yayasan Haji Zainuddin; Ilham Baru Sdn Bhd; Anchor Point Sdn Bhd; Kangkung Catering Sdn Bhd; Adrihaniz Sdn Bhd;  Syarikat Maluri Sdn Bhd; Amiraz Sdn Bhd; Ridana Sdn Bhd; Daan Sdn Bhd; Maya Seni Holdings Sdn Bhd; Magical Zone Sdn Bhd; Permatang Maju (M) Sdn Bhd; Brainstorms Sdn Bhd; Arida Farms Sdn Bhd; Gajah3 Resource Centre Sdn Bhd; Ilham Tower Sdn Bhd, and Selidik Jaya Sdn Bhd.

All the applicants named MACC Money Laundering and Asset Forfeiture Division assistant superintendent Haris Fadhila Sukaime; MACC Anti-Money Laundering Prevention Division director Datuk Mohamad Zamri Zainul Abidin; MACC chief commissioner Tan Sri Azam Baki; MACC; Prime Minister Datuk Seri Anwar Ibrahim; and the Government of Malaysia, as the first to sixth respondents.

They also sought a declaration that the freezing order imposed by the MACC against the applicants' bank account, and all actions and decisions taken by the first to fourth respondents are invalid and void.

In her supporting affidavit, Na'imah claimed that since no charges pertaining to money laundering have been preferred to date, the seizure order under Section 44 (5) of the Anti-Money Laundering (AMLA) will lapse after 90 days, from the date of the order.

-- BERNAMA