KUALA LUMPUR – With the death of Tun Daim Zainuddin yesterday, the spotlight now shifts to the enforcement authorities and the Attorney-General’s Chambers (AGC) to decide the fate of the criminal case against him for failing to declare 71 assets.
Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki said earlier today that the department would be consulting with the AGC on the next steps. However, legal experts believe that beyond formal procedures, the prosecution may have little choice but to drop the case.
Former deputy public prosecutor Farhan Read explained that criminal proceedings are inherently personal. When an accused dies, authorities typically have no alternative but to withdraw the charge.
“So the prosecution would have to go to court and withdraw the charge.
“In fact, I believe even if the prosecution does not do that, the court by itself will withdraw the charge,” Farhan told Scoop.
Nevertheless, he noted certain exceptions where prosecution can continue despite an individual’s death. For example, environmental offences by a company can proceed even if the director passes away, provided that a new person assumes the role.
Lawyer Datuk Seri Rajan Navaratnam also commented that if an accused dies during an ongoing trial, the proceedings would be halted.
“The court cannot continue with the trial as the accused is no longer able to exercise his constitutionally guaranteed right to present a defence.
“No sentence can be passed on an accused who is deceased,” Rajan said when contacted.
Asked whether authorities could still pursue Daim’s assets, Rajan noted that a charge for failing to declare assets is personal and cannot be transferred to another party.
“The written notice to comply with such a declaration is specifically addressed to the accused only,” he added.
Lawyer A. Srimurugan highlighted that if others were involved in aiding and abetting Daim, they could be prosecuted, and their cases might offer avenues for asset tracing. Additionally, Srimurugan pointed out that the Inland Revenue Board (IRB) could file a civil claim against Daim’s estate for any undeclared assets.
“They will not be able to prosecute Daim, because you can’t have criminal proceedings against a deceased person or imprison them.
“Prosecutors will have to withdraw the charge, and Daim dies an innocent man because the court has not judged him,” Srimurugan stated.
Daim passed away yesterday at Assunta Hospital, where he had been receiving treatment following a stroke.
A significant figure in Malaysia’s economic development, Daim served as Finance Minister from 1984 to 1991 and again from 1999 to 2001, overseeing the country’s shift towards privatisation and the rehabilitation of public enterprises.
On January 29, Daim was charged with failing to comply with an MACC notice to declare assets, including 38 companies, 19 plots of land, six properties, and seven luxury vehicles. – November 14, 2024