Former finance minister Tun Daim Zainuddin, 85, arrived in court on a wheelchair with his wife Toh Puan Na’imah Abdul Khalid and his children. Na’imah was also charged last week for a similar offence.

KUALA LUMPUR (Jan 29): Former finance minister Tun Daim Zainuddin was charged on Monday with not declaring his assets to the Malaysian Anti-Corruption Commission (MACC) in the Sessions Court here.

He pleaded not guilty before judge Azura Alwi to one charge under Section 36(2) of the MACC Act 2009, concerning an offence pertaining to disclosure of assets. He was charged with not declaring one Amanah Saham bank account, seven vehicles including a Rolls-Royce, an Austin Morris Austin and a Jaguar XJS HE, 38 companies, and 25 properties, some of which are linked to the companies he owns.

Among the companies mentioned were Ibu Kota Developments Sdn Bhd, Maya Seni Holdings Sdn Bhd, Menara Ampang Sdn Bhd, Dream Cruiser Sdn Bhd, Landbelt Corporation Sdn Bhd, Avillion Bhd, Avillion Hotel Group, Admiral Cove Development Sdn Bhd and Avillion Hotels International Sdn Bhd, to name a few.

Some of the 25 properties are located in Ritchie Condo, Persiaran Ritchie and Desa Kuda Lari in Kuala Lumpur, Avillion Port Dickson, Avillion Admiral Cove and Admiral Marina and Leisure Club in Negeri Sembilan, to name a few.

Daim, who was seated on a wheelchair, could not stand up to have the charge read to him. He was also allowed to not enter the accused dock in court, and instead just sit in his wheelchair, next to the accused dock.

Daim was represented by lawyer M Puravalen.

When the charge was read out to him, Daim in a frail voice said “faham” (understood). The registrar had listed out all the assets to him, which took a few minutes.

When asked by the registrar whether he understands the charge, Daim said in a frail voice “minta bicara”, which means that he wants to go for trial and plead not guilty.

Earlier, Daim, 85, arrived in court in his wheelchair with his wife Toh Puan Na’imah Abdul Khalid and his children. Na’imah was also charged last week for a similar offence.

Daim was represented by lawyers M Puravalen, Nizamuddin Abdul Hamid, M Moganasundari, N Rajesvaran and Sachpreetraj Singh.

The MACC's prosecution division head Datuk Wan Shaharuddin Wan Ladin led the prosecution team, along with deputy public prosecutors Ahmad Feisal Mohd Azmi and Mohamad Fadhly Mohd Zamry.

The MACC's prosecution division head Datuk Wan Shaharuddin Wan Ladin (centre) led the prosecution team, along with deputy public prosecutors Ahmad Feisal Mohd Azmi (right) and Mohamad Fadhly Mohd Zamry.

After Daim pleaded not guilty, Shaharuddin asked the judge that no comments from the parties be made about the case now that it is before the court to prevent subjudice.

“We hope that no comments are made about the court proceedings. We understand the freedom of Rakyat Malaysia, but we want to prevent subjudice comments until the full disposal of the case,” he said.

However, Puravalen said that the gag order was not necessary. The judge concurred, but cautioned: “I understand and I feel all parties are mature and learned enough to know not to comment on the case. Both sides are cautioned not to make any comment on the case to prevent subjudice.”

Lawyer says Daim is practically home-bound, impossible for him to report to MACC every month

While deliberating the bail conditions, Shaharuddin asked for an amount of RM250,000 to RM500,000, and to have Daim's passport surrendered to the court, and for him to report to the MACC once a month.

Lawyer Nizamuddin Abdul Hamid.

However, Puravalen said that Daim had a whole host of medical conditions, and is incapable of reporting to the MACC.

“You have seen for yourself the medical condition of my client. He’s a kidney transplant patient, he's on immunosuppressant medication, he has had minor strokes and a fungal infection in his eye, and presently, he has only one eye. He has difficulty hearing because of his medication, he’s not mobile, and he’s practically home-bound.

“Regarding surrendering his passport and reporting to the MACC, it is impossible for him to report to the MACC, as this won’t be helpful for his health status,” Puravalen said.

Azura then clarified with Puravalen if he was asking that Daim not report to the MACC, and that his passport not be surrendered, to which he replied: “We suggest you don’t take his passport, Yang Arif. He’s not going anywhere. He can’t. Even coming here today (Monday) was difficult for him. His medical status has to be reviewed if he takes a turn for the worst.”

The judge then set a RM280,000 bail with one surety, but did not impose any other bail conditions, such as surrendering the passport and reporting to the MACC once a month.

“There's no other additional conditions as we considered his condition,” she said.

Daim gave his statement to the anti-corruption agency last Friday, after missing an initial appointment in mid-January as he was hospitalised. The nature of his illness has not been made public.

In a brief statement released on Saturday, Daim said that he had been informed of the charge, and "looked forward" to his day in court.

Daim was appointed as the finance minister in 1984 until he resigned in 1991. He was later appointed as a minister with special functions in 1998, and later reappointed as minister of finance I in 1999.

He has not held any public office since his resignation more than two decades ago in May 2001.

When Pakatan Harapan (PH) won the general election in 2018, then prime minister Tun Dr Mahathir Mohamad set up the Council of Eminent Persons (CEP) to look into economic and financial affairs of the country, and appointed Daim as its chairman. The CEP was disbanded when PH lost power in March 2020 after the Sheraton Move.