A freeze order issued by the Malaysian Anti-Corruption Commission (MACC) on the assets and properties owned by former finance minister Tun Daim Zainuddin and his family is not amenable to a judicial review, the Kuala Lumpur High Court was told on Tuesday (Jan 16).
Senior Federal Counsel Shamsul Bolhassan submitted that the issuance of a freezing order, like the rest of the discretionary powers afforded to law enforcement agencies, was part and parcel of a criminal investigation process.
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Senior Federal Counsel Shamsul Bolhassan submitted that the issuance of a freezing order, like the rest of the discretionary powers afforded to law enforcement agencies, was part and parcel of a criminal investigation process.
Read more at http://tinyurl.com/2pw4bu7z
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NewsTranscript
00:00 The Kuala Lumpur High Court on Tuesday said the freeze order issued by the Malaysian Anti-Corruption
00:05 Commission or MACC on the assets and properties owned by former Finance Minister Tundayim
00:11 Zainuddin and his family is not amenable to a judicial review.
00:15 Senior Federal Counsel Shamsul Bolhassan said the issuance of a freezing order was part
00:20 and parcel of a criminal investigation process. He said the courts repeatedly confirmed that
00:25 such actions were not open to judicial review and there were many law authorities on this
00:30 matter.
00:31 The prosecution also submitted that if Dayim's judicial review was allowed, it would open
00:35 the floodgate to challenge every other exercise of such functions in relation to criminal
00:40 investigations.
00:41 Meanwhile, Senior Federal Counsel Liu Hongbing said Dayim was conducting a phishing expedition
00:46 even before he was charged in court.
00:49 He said if the court allowed Dayim's judicial review, the MACC would have no option but
00:53 to disclose their reasonable cause for investigating the business tycoon.
00:58 During the proceedings, Dayim's lawyer Tan Sri Tommy Thomas questioned the MACC's decision
01:03 to investigate Dayim's statement one and a half years after the release of the Pandora
01:07 Papers. He said until today, Dayim and his family have not been made aware as to what
01:13 the factual allegations against them were, despite many requests by the lawyers.
01:18 On December 30, 2023, the MACC issued a statement in reply to a public statement by Dayim regarding
01:24 the probe against him.
01:26 The MACC stated that the investigations were opened in February 2023, pursuant to the Pandora
01:31 Papers and in respect of offences under Section 23 of the MACC Act and Section 4, subsection
01:37 1 of the Anti-Money Laundering Act.
01:40 High Court Judge Justice Wan Ahmad Farid Wan Saleh then fixed March 4 to deliver his decision
01:46 in Dayim's leave application.
01:48 On January 10, Dayim and his family filed the application for leave to commence judicial
01:53 review against MACC's probe on them.
01:58 For more information visit www.fema.gov
02:05 [BLANK_AUDIO]