KUALA LUMPUR: The High Court has fixed Feb 22, 2027, to deliver its decision on a judicial review application filed by the family of the late Tun Daim Zainuddin, seeking to lift the freeze on their bank accounts by the Malaysian Anti-Corruption Commission (MACC).
Judge Norliza Othman set the date on Monday (Aug 17) after hearing submissions from lawyer Abraham Au, representing Daim's family, while Senior Federal Counsel Nurhafizza Azizan appeared for the MACC and five other respondents.
Abraham argued that before the first notice issued in 2023 expired, the authorities had issued another notice in 2024 under a different law, which bypassed mandatory statutory timelines and extended the freezing period to 30 months.
"A typical freezing or seizure order is valid for a limited period as provided under the law. Under Section 52A of the AMLA, the maximum period is 12 months.
"However, before the Section 50 seizure order expired, the respondents overlapped the existing seizure by jumping to Section 37 of the MACC Act to initiate a fresh seizure for a further 18 months, instead of releasing the bank accounts to the property owners,” he said.
Meanwhile, Nurhafizza submitted that it was within the MACC’s prerogative to determine how it conducted its investigations.
She said the concurrent investigations were not initiated abruptly, adding that sworn affidavits filed in the case showed the sequence in which the investigations were carried out.
Responding to Abraham’s contention that the authorities had adopted a freeze first, investigate later approach, Nurhafizza said the investigations began in March 2023, while the seizure notices were issued much later, indicating that investigations had already been conducted.
Nurhafizza also said that of the 73 bank accounts involved, 54 had been released, while 19 remained frozen pending forfeiture proceedings.
On Nov 5, 2025, the High Court here allowed an application by the family of the late Daim to obtain leave to initiate judicial review proceedings to challenge the MACC’s action in seizing and freezing their bank accounts.
In their application, filed on June 6, 2024, Daim and his family are seeking an order to set aside the MACC's action in seizing and freezing their movable assets, under Section 50 of the Anti-Money Laundering, Anti-Terrorist Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
Apart from Daim, the applicants include his wife, Toh Puan Na'imah Abdul Khalid, and their four children, Asnida, Wira Dani, Muhammed Amir Zainuddin, and Muhammed Amin Zainuddin.
Eighteen companies are also named as applicants, namely Aad Equity Sdn Bhd; Yayasan Haji Zainuddin; Ilham Baru Sdn Bhd; Anchor Point Sdn Bhd; Kangkung Catering Sdn Bhd; Adrihaniz Sdn Bhd; Syarikat Maluri Sdn Bhd; Amiraz Sdn Bhd; Ridana Sdn Bhd; Daan Sdn Bhd; Maya Seni Holdings Sdn Bhd; Magical Zone Sdn Bhd; Permatang Maju (M) Sdn Bhd; Brainstorms Sdn Bhd; Arida Farms Sdn Bhd; Gajah3 Resource Centre Sdn Bhd; Ilham Tower Sdn Bhd, and Selidik Jaya Sdn Bhd.
All the applicants named MACC Money Laundering and Asset Forfeiture Division assistant superintendent Haris Fadhila Sukaime; MACC Anti-Money Laundering Prevention Division director Datuk Mohamad Zamri Zainul Abidin; then MACC chief commissioner Tan Sri Azam Baki; MACC; Prime Minister Datuk Seri Anwar Ibrahim; and the Government of Malaysia as the first to sixth respondents, respectively.
They also sought a declaration that the freezing order imposed by the MACC against the applicants' bank account, and all actions and decisions taken by the first to fourth respondents are invalid and void.
In her supporting affidavit, Na'imah claimed that since no charges pertaining to money laundering have been preferred to date, the seizure order under Section 44 (5) of the Anti-Money Laundering (AMLA) will lapse after 90 days from the date of the order. – Bernama
