KUALA LUMPUR — The Sessions Court here has freed the late former finance minister Tun Daim Zainuddin of charges of failing to comply with a notice to declare his assets to the anti-graft authority.
Judge Azura Alwi gave the order after Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin informed the court that the prosecution would no longer continue proceedings against Daim following his death.
Azura said her order was in line with Section 254(3) of the Criminal Procedure Code.
“The court hereby orders the late Tun Daim to be released and freed.
“The court also expresses its condolences to the family of the deceased, may the deceased be placed with the righteous,” Azura said, as reported by Bernama.
Daim died at the age of 86 at a private hospital, here on Nov 13.
Wan Shaharuddin told the court that the prosecution was acting in accordance with Section 254 of the Criminal Procedure Code.
“The prosecution does not intend to proceed with the proceedings against him and we leave it to the discretion of the court.
“We will not continue the proceedings against Tun Daim because the accused has died, but we have received a letter from Messrs. Raj & Sach, which is that they object to stopping these proceedings,” said Wan Shaharuddin.
Wan Shaharuddin said the power to proceed with the case lies with the prosecution in accordance with Section 145(3) of the Federal Constitution.
“When there is an accusation, then there needs to be an accused party,” he said.
The DPP’s reference to Daim’s lawyers, Messrs Raj & Sach, is related to a statement by his widow, Toh Puan Na’imah Abdul Khalid who said she had instruction the lawyers to proceed with trial.
Na’imah yesterday said Daim wanted to clear his name in court and as such, there is no need for the prosecution to and the Malaysian Anti-Corruption Commission (MACC) to review the charges following his death.
“Daim looked forward to his day in court and had no doubt that he would be finally acquitted,” Na’imah said.
She reiterated the family’s belief that the charges were baseless, frivolous and part of a political conspiracy by the current government against Daim.
On January 29, Daim pleaded not guilty in court to charges of failing to comply with a notice by not declaring 71 of his assets as required under the MACC Act.
The undeclared properties include several luxury vehicles, companies and properties around Kuala Lumpur, Selangor, Pahang, Negeri Sembilan, Perak and Kedah.
Na’imah, however, still faces similar charges of failure to declare her assets to the MACC. – November 20, 2024