KUALA LUMPUR: Former finance minister Tun Daim Zainuddin wants the prosecution to produce the report lodged against him with the Malaysian Anti-Corruption Commission (MACC), which had resulted in him being charged with failing to declare his assets.
In the application, filed on July 31 in the Sessions Court, Daim said that report was the basis for the MACC serving him with a notice to declare his assets.
In his supporting affidavit, he said his defence team had written to the MACC to request a copy of the report but did not receive any response.
“The respondent (MACC) also did not disclose the report as required under Section 51A of the Criminal Procedure Code (CPC),” he said in the court papers.
Daim said the report could be favourable to his defence and the respondent has an obligation under the law to furnish him with it.
Day in court: Daim's wife, Toh Puan Na'imah Abdul Khalid making an appearance at the Kuala Lumpur Court Complex. -Bernama
During case management here yesterday, Sessions judge Azura Alwi asked whether the report exists, to which deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin answered in the affirmative, but stressed that the prosecution did not intend to rely on the document at the trial.
The court then fixed Aug 27 to hear the disclosure application.
On Jan 29, Daim was charged at the Sessions Court with failing to declare his assets.
According to the charge, he had intentionally given a written statement under oath that did not comply with the terms of notice under Section 36(1) (b) of the MACC Act 2009, whereby he did not declare assets as stated in Appendix A (which included a bank account, seven luxury cars, 38 companies and 25 lands and properties spread across Kuala Lumpur, Negri Sembilan, Pahang and Perak).
He allegedly committed the offence at the MACC headquarters in Putrajaya on Dec 13, 2023.
Under Section 36(2) of the MACC Act 2009, Daim faces imprisonment of up to five years and a fine not exceeding RM100,000, if convicted.
