KUALA LUMPUR: Former finance minister Tun Daim Zainuddin has applied for the prosecution to produce the report lodged against him with the Malaysian Anti-Corruption Commission (MACC) that resulted in him being charged for failing to declare his assets.
In the application filed on July 31, Daim claimed that the report was the basis of the MACC serving him with a notice to declare his assets.
Daim then added in his supporting affidavit that his defence team had written to the MACC to request for 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,” he said.
Daim said that the report could be favourable to his defence and that the respondent has an obligation to furnish him with the report under the law.
During case management here on Thursday (Aug 8), Sessions Court judge Azura Alwi asked whether the report exists.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin answered in the affirmative but said 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 over his 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 MACC Act 2009, whereby he did not declare assets as stated in Appendix A
Appendix A includes 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, 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.