KUALA LUMPUR: Former finance minister Tun Daim Zainuddin and his family have filed for a judicial review to compel the Malaysian Anti-Corruption Commission (MACC) to lift the freeze on their bank accounts.
Daim and 25 others as applicants filed his leave (permission) application to initiate the judicial review at the High Court here on June 6.
The other applicants are his wife Toh Puan Na'imah Abdul Khalid, their children Asnida, Wira Dani, Muhammad Amin, as well as 18 companies.
The 18 companies are - Kangkung Catering Sdn Bhd; Gajah3 Resource Centre Sdn Bhd; Aad Equity Sdn Bhd; Yayasan Haji Zainuddin; Ilham Baru Sdn Bhd; Anchor Point 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 Sdn Bhd; Brainstorms Sdn Bhd; Arida Farms Sdn Bhd; Ilham Tower Sdn Bhd and Selidik Jaya Sdn Bhd.
They named Prime Minister Datuk Seri Anwar Ibrahim, the MACC, its Chief Commissioner Tan Sri Azam Baki, several of MACC's top brass, and the government as respondents.
The applicants are seeking a court declaration that the seizure of movable property by the MACC under Section 50 of Anti-Money Laundering and Counter Financing of Terrorism (AMLACFT) Act 2009 is null and void.
The applicant asserted that the respondents had violated their constitutional rights, acted unlawfully, irrationally, improperly in procedure, acted in bad faith, and constituted an abuse of legal process.
They also sought an order for compensation to be assessed under Section 44(6) of the AMLACFT, general and exemplary damages, and costs.
Meanwhile, Na'imah in her supporting affidavit claimed her family was adversely affected by the MACC's action in seizing the said accounts.
She claimed that the decision and action by the MACC were intentionally aimed at targeting her and her family, alleging that they were portrayed as a corrupt family who amassed wealth unlawfully.
The 67-year-old claimed that all decisions and actions by the MACC were solely for ulterior political motives.
Na'imah asserted that her family had not been charged in court for any offences related to the AMLACFT Act.
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.
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 Iham Tower, a commercial property in the Kuala Lumpur city centre reportedly owned by Daim's family.
Daim subsequently labelled the probe against him and his family as a "political witch hunt."
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 in 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 had issued a Notice of Seizure on Ilham Tower on Dec 18, under Section 38(1), MACC Act 2009 (Seizure of immovable property).