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From the solicitor for the late Daim Zainuddin’s widow, Naimah Khalid, and family
I refer to Malaysian Anti-Corruption Commission chief commissioner Azam Baki’s statement yesterday asking the government to seize alleged “undeclared assets” of the late Daim Zainuddin.
Why the MACC chief is making press statements on this instead of filing an application in court is difficult to understand. It appears to be political posturing against Daim and family, in line with the repeated attacks made by the prime minister on them since he took power.
To suggest Daim’s assets be seized is an absurd, untenable and vindictive suggestion as Daim has died and no charges are pending against him. Neither has he ever been convicted of any criminal offence.
On what basis can his assets, now administered by his estate, be seized? Did the MACC seek and receive legal advice before saying this? Was the attorney-general consulted and did he approve?
It beggars belief that a head of an enforcement body would expose his agency to such ridicule by making such an ignorant statement, that is without any legal basis.
The reasons we say this are as follows:
- It is a fundamental principle of our justice system that the MACC and the government have no powers to arbitrarily seize the property of any citizen or his estate upon death.
- The forfeiture of assets is only allowed where a “serious offence” as defined in the Second Schedule of the AMLA Act 2001 has been proven in court, and pursuant to court order.
- No such charge has ever been brought against Daim, except for the technical offence of non-declaration of assets which is not a “serious offence”. These provisions are contained in Part VI AMLA Act 2001 and Part V MACC Act 2009. Azam should have been familiar with both laws.
- Forfeitures certainly cannot be done over this newest claim of alleged non-declaration of assets, made by Azam yesterday.
In other words, the property of citizens cannot be simply forfeited because the MACC or the government claimed to have suspicions about the source or origin of the assets. If that is the case, no one’s property will be safe.
Since (Prime Minister) Anwar Ibrahim began publicly fulminating against Daim after taking power in November 2022, not a shred of evidence has been produced to support the claim that Daim was guilty of corruption.
There has been nothing but unsupported allegations, insinuations and political attacks. Yet, there has been no evidence.
Let us not forget as well that the charges under Section 36(2) of the MACC of which Daim was acquitted were not for corruption, but were in fact for a technical charge over the alleged failure to completely disclose assets.
This endless campaign of slander, harassment and intimidation directed towards Daim’s widow and family is disgraceful, high-handed and must stop.
It is cowardly, as Daim is no longer in a position to defend himself or his family.
Rajesh Nagarajan is the solicitor for the late Daim Zainuddin’s widow, Naimah Khalid, and family.
The views expressed are those of the writer and do not necessarily reflect those of FMT.
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