KUALA LUMPUR: The late Tun Daim Zainuddin was acquitted of all charges for failing to declare assets to the Malaysian Anti-Corruption Commission (MACC).
Sessions Court judge Azura Alwi made the ruling after hearing submissions from both parties today.
Azura made the ruling under Section 254(3) of the Criminal Procedure Code (CPC).
Section 254(3) of the CPC stipulates that the court has the authority to decide whether a prosecution's case withdrawal leads to a discharge not amounting to acquittal (DNAA) or a full acquittal.
"My condolences to the family of the deceased. May the late Tun Daim be placed among the righteous.
"The court hereby orders the release and acquittal of the late Tun Daim.
"The bail is canceled and returned," she said.
Earlier, the prosecution, led by Datuk Wan Shaharuddin Wan Ladin, and defense counsel Datuk Gurdial Singh Nijar, had argued over whether to proceed with or discontinue the prosecution against the former finance minister.
Wan Shaharuddin told the court that the prosecution did not intend to proceed with the case following Daim's passing on Nov 13.
"The accused passed away. Therefore, we will withdraw this application under Section 254(3) of the CPC.
"However, we received a letter yesterday from the defence stating their objection to our intention to withdraw the case.
"I believe this is unconstitutional, as the power to withdraw or continue any proceedings lies at our discretion," he said.
Gurdial then stood up and informed the court about the letter, confirming their intention to continue the case.
Gurdial said the former finance minister, before his passing, had expressed a strong desire for the case to proceed to its conclusion.
"As he lay sick in bed, he expressed his need to clear his name from what he perceived as a baseless charge against him, for reasons he himself could not explain.
"So, our request, based on my instructions, is that this case should proceed," he said.
Wan Shaharuddin argued that it was not possible to continue the proceedings as the accused case had already died.
"When there is a charge, there must be a person attached to it but now the person is no longer here.
"Let's say we continue the trial, and at the end of the prosecution's case, the court orders the accused to enter their defence... how do we proceed?
"Let's move on... I understand the family wants to clear Tun Daim's name, but this is what we call fate," he said.
At this point, Gurdial told the court that if the prosecution wanted to withdraw the case, his client must be fully acquitted and exonerated from all offences.
Wan Shaharuddin disagreed, stating that exoneration was not possible since the trial had not even started.
Daim, 86, died on Nov 13 while receiving treatment at Assunta Hospital.
Daim, whose full name was Che Abdul Daim Zainuddin, was charged with failing to declare assets, including a bank account, seven luxury vehicles, 38 companies, and 25 properties, at the MACC headquarters in Putrajaya on Dec 13 last year.