DAIM Zainuddin and five of his family members have filed an application for a judicial review over the corruption investigation carried against them by the Malaysian Anti-Corruption Commission (MACC).

The six and Ilham Tower Sdn Bhd filed a judicial review at the Kuala Lumpur High Court yesterday.

MACC and the public prosecutor were named as the first and second respondents.

They claimed to be in the dark about the nature of MACC’s investigations, except for news reports claiming that the probe was linked to the Pandora Papers.

“While other Malaysians were named in the Pandora Papers, they have not been investigated nor had notices issued against them by MACC,” they said in their application filed at the High Court.

Daim and his family want the court to quash the investigations and are seeking a declaration that MACC’s probe is unconstitutional.

According to a copy of Daim’s supporting affidavit, he contended that the MACC’s conduct was perplexing and deeply disturbing.

The probe was baseless and amounted to a fishing expedition, he added.

Daim claimed that the MACC did not disclose to him the nature of the offence he was being investigated for since last year.

He alleged that the MACC only informed him that it was under section 23 of the MACC Act 2009 for gratification.

He pointed out that he ceased being finance minister on May 31, 2001.

“Yet, in the December 18, 2023, raid (on Ilham Tower), the MACC was seeking documents from 2009, and those relating to the construction of Ilham Tower, which began in 2009 and was completed in 2015.

“I, therefore, believe that the MACC did not have any basis (let alone reasonable cause) for believing that an offence was committed by me (or the rest of the second to fifth applicants) under section 23 of the MACC Act for gratification in public office.

“MACC had thus embarked on a fishing expedition. This is a clear abuse of power. It is also unlawful,” Daim contended.

Justice Wan Ahmad Farid Wan Salleh fixed January 16 to hear the leave application.

Yesterday, MACC recorded statements from Daim’s wife, Naimah Khalid, and their two sons, Amir and Amin.

The commission said they were called to provide information on assets belonging to the family. – January 8, 2024.