KUALA LUMPUR: Former finance minister Tun Daim Zainuddin and his wife Toh Puan Na'imah Khalid have filed a judicial review to challenge the criminal charges against them for failing to declare their assets to the Malaysian Anti-Corruption Commission (MACC).
The couple are seeking this additional relief in their on-going judicial review with other family members to challenge the MACC's probe into their financial dealings.
They claimed that the additional relief had become necessary after both were charged in court a few weeks ago.
On Jan 23, Na'imah claimed trial at the Sessions Court for failing to comply with an MACC notice to declare her assets of two companies, two luxury cars, and eight properties.
Then on Jan 29, a frail and wheelchair-bound Daim was hauled to the same court and charged with a similar offence involving one bank account, seven luxury vehicles, 38 companies, and 25 properties.
They were charged under Section 36(2) of the MACC Act which carries a maximum of five years imprisonment and a RM100,000 fine upon conviction.
The family's lawyer Alicia Sabrina Gomez, in an affidavit in support claimed the additional relief was not likely to cause injustice or embarrass the prosecution or MACC.
"The proposed amendments are necessary for the purpose of giving further and better particulars in order to accurately set out the applicants' case for judicial review.
"The proposed amendments do not in effect turn the suit from one character into a suit of another and inconsistent character, and made bona fides.
"There is no undue delay on the part of the applicants in filing the applicants' amendment application," she claimed in the document.
The applicants in the judicial review application claimed that the anti-graft body has no reasonable cause to investigate them under the MACC Act or the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The applicants are seeking a certiorari order against the MACC to quash all investigations instituted against Daim and his family members and all notices issued by the commission.
On Jan 16, at the hearing, the Attorney-General's Chambers (A-GC) warned that no enforcement agency in the country will be able to complete any investigation if Daim is allowed to challenge the MACC's probe into him.
Senior Federal Counsel Shamsul Bolhassan said if the court allows judicial reviews against the exercise of functions related to criminal investigations, it will open the floodgates to challenge every other exercise of such functions, potentially leading to chaos and public disorder.
"Those powers are investigative powers which cannot be challenged and if it is to be allowed it will hamper the investigative process.
"For every investigation, a judicial review will be filed. Hence, the investigation will not be completed," he said.
He said law enforcement agencies were vested with the power to issue an order to freeze a person's property upon the fulfillment of some conditions.
Meanwhile, former attorney-general Tan Sri Tommy Thomas, who appeared for the 85-year-old former politician, described the MACC's probe as tardy and delayed to a wholly unacceptable level.
Thomas was baffled at the MACC for investigating an alleged offence dating back more than two decades.
He said the anti-graft body is investigating his client for an offence under Section 23 of the MACC Act and Section 4(1) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLA).
"The allegation of a Section 23 MACC Act offence was first made known to Daim and his family members on June 7, last year.
"This is significant because Section 23 of the MACC Act would only apply to Daim when he held public office.
"Hence, the investigations are the antithesis of a speedy one, as the law requires," he said.
Thomas also asserted that his client would not have a fair trial.
"No fair trial of a 'white collar' crime can be held 22 years after the event".