MACC statements prejudicial to Daim’s right to fair trial, says his legal team

KUALA LUMPUR: The recent statements made by the Malaysian Anti-Corruption Commission (MACC) are highly prejudicial to Tun Daim Zainuddin’s constitutional right to a fair trial, says his legal team.

“This is the latest of a continuing series of statements or comments from MACC chief commissioner Tan Sri Azam Baki on Daim’s alleged holdings, despite the court charges already pending.

“Apart from direct statements there are endless leaks through so-called “sources”, MACC and otherwise.

“The statements have consistently implied or expressly stated that Daim is guilty, in clear disregard of the presumption of innocence which is the cornerstone of our criminal justice system,” said Daim’s lawyers in a statement on Friday (Feb 9).

The lawyers were referring to the statement by Azam on Thursday (Feb 8) regarding their investigation against Daim, where they (MACC) has now stated there might be more assets that Daim has not declared.

Daim’s lawyers said the latest statement by Azam suggests that Daim was guilty of an offence and was clearly related to the charge of failure to disclose alleged assets.

“It is unwarranted and smacks of sub judice.

“Further, the Sessions Court Judge presiding over his (Daim) case had advised all parties to the case not to make any statements that would affect the ongoing court proceedings.

“It is clear that Tan Sri Azam Baki’s comment, which was published widely, is in serious disregard of the judge’s advice.

“This statement is also highly prejudicial to our client’s constitutional right to a fair trial.

“We strongly urge Tan Sri Azam and the MACC to henceforth respect the justice system and the legal process,” the legal team said.

On Thursday (Feb 8), MACC said it might summon the former finance minister (Daim) again for questioning on suspicion of more undeclared assets.

Azam was quoted as saying that investigators recently received information about Daim’s alleged assets and were now in the midst of verifying it.

“Investigation (against Daim) is still ongoing.

“There is a lot of verification work we need to do on his alleged undeclared assets.

“We received information that there are other assets that he did not declare. So we are now trying to verify this information,” he said to a news portal.

On Jan 29, Daim was charged with failing to declare his assets to MACC.

The 85-year-old was charged under Section 36(2) of the MACC Act 2009 and faces imprisonment of up to five years and a fine not exceeding RM100,000, if convicted.

On Jan 23, Daim’s wife Toh Puan Na’imah Khalid claimed trial in the sessions court on a charge of failing to comply with a MACC notice requiring the declaration of assets.

She was accused of failing to declare her ownership of companies, several plots of land here and in Penang, as well as two vehicles.