KUALA LUMPUR: Tun Daim Zainuddin and his family are taking the Malaysian Anti-Corruption Commission (MACC) to court as they claim its probe against the former finance minister is unlawful.
He is seeking a court declaration that MACC's actions are unlawful, unconstitutional and void, among others.
The application was filed through Messrs Tommy Thomas at the High Court registry on Thursday (Jan 11).
In the application, Daim and his wife Toh Puan Na'imah Abdul Khalid named the MACC and the public prosecutor as the first and second respondents respectively.
Apart from Daim and Na'imah, other applicants were their four children – Asnida, Md Wira Dani, Muhammed Amir Zainuddin, Muhammed Amin Zainuddin – and Ilham Tower, which was seized by the MACC.
According to the notice of application, Daim is seeking a declaration that the MACC and its officers have no reasonable cause to investigate him and his family, which would lead to a prosecution for any offence under the MACC Act 2009 or the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Daim is seeking a declaration that even if any charges are instituted against him and family, such charges would be unconstitutional and void because they would not receive a fair trial.
The family also wants a certiorari order against the MACC and its officers to quash all investigations as well as an order of prohibition to cease all further investigations.
Daim and his family also sought for their properties, assets and monies that were seized to be returned.
The matter is fixed for hearing via online before High Court judge Justice Wan Ahmad Farid Wan Salleh on Jan 16.
