KUALA LUMPUR: Tun Daim Zainuddin has filed a discovery application to compel the prosecution into providing him with documents on his alleged failure to declare his assets under the Malaysian Anti-Corruption Commission (MACC) Act.
The 88-year-old former finance minister, who filed the application through a notice dated July 31 filed via Messrs Raj & Sach, said the prosecution had failed and/or refused to supply him with copies of the documents.
Daim said his lawyers had written to the prosecution requesting for the documents via a letter dated Jan 31, 2024 but received no response.
He said did the respondent had also failed to disclose the said documents although this was mandated by Section 51A of the Criminal Procedure Code. (CPC)
"The respondent is obliged by law to produce the documents as it forms the basis of the issuance of Section 36(1) of the MACC Act 2009 notices which led to the charge.
"I have been advised by my lawyers and verily believe that in the interest of justice and fairness, the respondent must disclose the documents as it may be favourable to the defence's case and/or undermine the prosecution's case.
"These must be disclosed to me and they are relevant to ensure a fair trial of the charge consistent with my right under Article 5 of the Federal Constitution," Daim said in his application.
Daim, whose real name is Che Abdul Daim Zainuddin, was charged with failure to comply with a MACC notice to declare his assets such as one bank account, seven luxury vehicles, 38 companies, and 25 properties.
The offence falls under Section 36(2) of the Act which carries a maximum five years' imprisonment and RM100,000 fine upon conviction.
In proceedings before Sessions Court judge Azura Alwi today, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said the prosecution objected to the application and will file an affidavit soon.
He said they received Daim's notice of application on Aug 6 and he applied for a hearing to be set on Aug 27.
He also applied for Daim's attendance in court on the day of the hearing.
"If it is a mention proceedings, I understand. But it will be a hearing. I am afraid that there will be comments from others on different standards," he said.
However, this was objected by Daim's lawyer, M. Puravelan.
Daim was not present in court today but his wife, Toh Puan Na'imah Abdul Khalid was.
Puravelan said the court has to consider Daim's physical condition.
"He can hardly hear anything. His movements are restricted. He is represented by his counsels.
"Does public interest actually dictate his presence?
"I know for a fact that his hearing is gone. He will just sit there," he said.
Puravelan had previously said Daim was a kidney transplant patient who had one of his eyes surgically removed due to a fungal infection, apart from having minor strokes in the past rendering him homebound.
In reply, Wan Shaharuddin said Daim will sooner or later will have come to court as the trial will commence.
Azura allowed Puravelan's request for Daim's attendance to be exempted at the hearing.
She set Aug 27 for hearing.