MACC says probe into assets of late Daim and family, money laundering charges to continue despite previous acquittal

KUALA LUMPUR, Nov 22 — The Malaysian Anti-Corruption Commission (MACC) announced today that investigations into the late Tun Daim Zainuddin, his wife, and other family members will continue despite the dismissal of an earlier charge against him for failing to declare his assets.

In a statement this evening, the MACC said that while the charge under Section 36(2) of the MACC Act 2009 was dropped following Daim’s death, the agency is proceeding with investigations under Section 23 of the MACC Act and Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

Section 23 of the MACC Act criminalises the use of an office or position for gratification, while Section 4(1) of AMLA pertains to money laundering offences.

“The investigation into the money trail abroad is actively ongoing in collaboration with international agencies,” the MACC said.

This follows the court’s decision yesterday to discharge and acquit Daim after the prosecution dropped the case due to his death on November 13.

Daim, who was initially charged on January 29 under Section 36(2) of the MACC Act for failing to declare his assets, had pleaded not guilty. The assets in question reportedly included luxury vehicles, companies, and properties located in Kuala Lumpur, Selangor, Pahang, Negeri Sembilan, Perak, and Kedah.

His widow, Toh Puan Na’imah Abdul Khalid, issued a statement asserting that Daim was confident of being exonerated if the case had gone to trial.

“On behalf of Daim, I categorically state that it was his wish for the pending charge to proceed in court to its conclusion, regardless of the outcome.

“Daim looked forward to his day in court and was confident of being acquitted,” she had said in the statement.

MACC pointed out that the discharge and acquittal were granted under Section 254(3) of the Criminal Procedure Code, which allows the public prosecutor to discontinue proceedings at any stage.

However, it clarified that such a discharge does not equate to an acquittal unless directed by the court.