KUALA LUMPUR: The late Tun Daim Zainuddin, who passed away a week ago, has been acquitted by the Sessions Court here.
Sessions judge Azura Alwi made the order of acquittal under Section 254(3) of the Criminal Procedure Code, as applied for by the prosecution.
"The court extends its condolences to the family of the deceased. May his soul be placed among the righteous," she said here on Wednesday (Nov 20).
The former finance minister passed away on Nov 13 at the age of 86.
Azura also allowed the prosecution's request to withdraw an application under Section 342 of the CPC that sought to subject Daim to a mental evaluation.
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The prosecution had wanted to assess his mental capacity to stand trial.
Earlier, DPP Datuk Wan Shaharuddin Wan Ladin informed the court that the prosecution intended to withdraw its case against Daim but left it to the court to decide whether or not to grant a discharge not amounting to an acquittal (DNAA) or a discharge and acquittal (DNA).
"Under Section 254 of the CPC, we have no intention to pursue the case against him as he has passed away.
"However, we did receive a letter from Messrs Raj & Sach that they (Daim's legal team) are against the withdrawal of the case.
"The power to pursue or discontinue the prosecution is within us. When there is a charge, there must be a corpus.
"There must be a body. Now, there is no body," Wan Shaharuddin said.
Meanwhile, Daim's lawyer Datuk Dr Gurdial Singh Nijar said until his last days, Daim had wanted to clear his name.
"As he lay sick in bed, he expressed his need to clear his name from what he perceived was a baseless charge against him for whatever reason he couldn't explain.
"Our request and our instruction (from him) is that this case must proceed.
"The prosecution has to make its case. We, as the defence, must demolish the case through cross-examinations and our witnesses.
"Our position, therefore, is the trial should proceed to the extent possible in the absence of the accused," Gurdial said.
On the matter of withdrawal, Gurdial said the charge should not be left hanging over his client's head and he should be given a full acquittal.
"Daim was a notable person, well known to the public at large. He had a long illustrious career in the public service for the government of the day. The charge should not be left hanging," he added.
Azura then made the order for a discharge and acquittal.
She also ordered bail to be revoked and the money returned.
On Jan 29, Daim was charged at the Sessions Court for alleged failure to declare his assets.
According to the charge sheet, Daim had intentionally given a written statement under oath that did not comply with the terms of notice under Section 36(1) (b) of the Malaysian Anti-Corruption Commission (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, Negeri Sembilan, Pahang and Perak.)
He allegedly committed the offence at the MACC headquarters in Putrajaya on Dec 13 last year.
He was charged under Section 36(2) of the MACC Act 2009, which carries imprisonment of up to five years and a fine not exceeding RM100,000, if convicted.
Daim was granted bail of RM280,000 with one surety.
