The High Court here has granted leave to the family of the late Daim Zainuddin to initiate judicial review proceedings against the Malaysian Anti-Corruption Commission’s seizure and freezing of their bank accounts.
Justice Aliza Sulaiman ruled that the family had met the threshold required to justify a judicial review after finding that there was a prima facie case of bad faith by the authorities.
Aliza said the applicants had shown that the MACC proceeded with the seizures despite knowing that the period allowed under the MACC Act 2009 had expired, and that no investigation paper had been opened under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).
She noted that invoking Amla provisions after the expiry of the seizure period under the MACC Act raised serious questions of legality and good faith.
The court was satisfied that the applicants had met the compelling prima facie threshold required to warrant judicial scrutiny of the MACC’s actions, she said.
Accordingly, it allowed the family’s application to commence judicial review proceedings against MACC.
The applicants are Daim’s widow, Naimah Khalid, and their four children – Asnida, Wira Dani, Amir and Amin.
Eighteen companies linked to them were also named as applicants, including Ilham Tower Sdn Bhd and Selidik Jaya Sdn Bhd.
The respondents named in the case are MACC money laundering and asset forfeiture division assistant superintendent Haris Fadhila Sukaime; MACC anti-money laundering prevention division director Zamri Zainul Abidin; MACC chief commissioner Azam Baki; the MACC; Prime Minister Anwar Ibrahim; and the government.
In their application filed on June 6, 2024, the family sought to set aside the MACC’s actions in seizing and freezing their movable assets under Section 50 of Amla.
They also sought a declaration that the freezing order imposed by the MACC on their bank accounts, as well as all related actions and decisions taken by the respondents, are invalid and void.
Lawyer Gurdial Singh Nijar represented the family, while senior federal counsel Nurhafizza Azizan appeared for the attorney-general.
