KUALA LUMPUR: The High Court has set Nov 5 for its decision on a judicial review bid by the family of the late Tun Daim Zainuddin.
Justice Aliza Sulaiman fixed the date after hearing submissions on Tuesday (Oct 7).
Lawyer Datuk Dr Gurdial Singh Nijar said the applicants’ accounts have been frozen or seized since June 7, 2023 and added that they remain so currently.
He said this was a wrongful deprivation of the applicants’ rights to property.
In submissions, he added that the applicants have said the MACC invoked different statutes to prolong the freezing and seizure beyond its powers.
“There are clear triable issues that warrant further argument at the substantive stage,” Gurdial said.
However, Senior Federal Counsel Nurhafizza Azizan said leave should be refused as the subject matter is not amenable to judicial review.
She said the allegations are that the freezing or seizure lacked basis and the investigation was politically motivated and made in bad faith.
“The Attorney General submits the applicants failed to adduce compelling and prima facie proof,” added Nurhafizza.
On September 25, 2024, Daim, his wife Toh Puan Na’imah Abdul Khalid, four children and 17 companies filed for judicial review over MACC’s freezing orders.
On June 6, they filed a similar application to challenge the seizure of movable assets.
They named two MACC officers, MACC chief commissioner Tan Sri Azam Baki, the MACC, the Prime Minister and the government as respondents.
In her affidavit, Na’imah said no money laundering charges have been brought and the freezing and seizure orders should have lapsed.
However, as of Tuesday the applicants still had no access to their accounts and properties.
