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[Updated] Daim's lawyers slam MACC for lack of offence disclosure by investigators

PUTRAJAYA: Lawyers representing Tun Daim Zainuddin's family expressed dissatisfaction with the Malaysian Anti-Corruption Commission (MACC) for not disclosing the specific offence under investigation.

Lawyer Rajesh Nagarajan described this entire questioning as 'one giant fishing expedition', aiming to gather information to charge Daim.

Despite posing over 50 questions to Daim's wife, Toh Puan Nai'mah Khalid, the investigators failed to inform their client of the alleged offence.

He argued that the anti-graft buster's approach of questioning without a clear basis goes against the principles of natural justice.

"What section are you talking about? If you (MACC) are referring to gratification, it must obviously be gratification because it is the MACC. Who gave gratification to whom? How much was given? When did this occur? Zero.

"How can you investigate someone and ask for details when you're not even informing them of the offence? You are not even disclosing what the offence is," said Rajesh, when met by reporters after the trio were done with questioning at 7.30pm.

"When asked whether Daim would also be called for investigation, Rajesh said, 'I am sorry; they (MACC) did not inform.'

The lawyer representing the two sons, Sachpreetraj Singh, said the siblings were investigated for eight hours and 30 to 40 questions were thrown at them during the investigation.

He echoed Rajesh's statement, saying his party also failed to get full details of the real reason the three were called in.

He said this entire investigation was being carried out to determine if an offense had been committed in the first place.

"So how are they going to investigate an offence that does not yet exist? This is what we want to know, essentially.

"Is there even a valid basis? There must have been some element that led you to start this investigation in the first place," Sachpreetraj questioned.

He stressed that they just want to know the basis for MACC to starting their investigating and whether their client is suspected of committing such offenses.

On Dec 23 last year, the MACC confirmed that it was investigating Daim over allegations of corruption and money laundering.

The confirmation came about after the commission on Dec 18 seized the 58-storey Ilham Tower, a commercial property in the Kuala Lumpur city centre reportedly owned by Daim's family.

Daim subsequently labeled the probe against him and his family a "political witch hunt."

He said neither he nor his family had been involved in any corruption or wrongdoing, adding that his efforts to establish what offences he allegedly committed to warrant the probe had been rebuffed by the MACC.

On Dec 30, MACC in response, said the probe on Daim began in February 2023 based on information from the Pandora Papers.

MACC said as part of the investigation, it sent Daim a notice on June 7 last year, requiring him to declare all his assets, whether inside or outside the country, within 30 days from the date the notice was issued.

The commission said Daim had applied for five extensions, and he was granted the extensions on July 6, Aug 10, Sept 11, Oct 11, and the last on Nov 14 to declare all his assets.

As part of the investigation process, the public prosecutor issued a Notice of Seizure on Ilham Tower on Dec 18, under Section 38(1) of the MACC Act 2009 (Seizure of Immovable Property).

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