KUALA LUMPUR (ANN/THE STAR) – The Sessions Court in Kuala Lumpur has acquitted the late Tun Daim Zainuddin following his passing on November 13 at the age of 86. Judge Azura Alwi issued the acquittal under Section 254(3) of the Criminal Procedure Code (CPC) after a request by the prosecution.
“The court extends its condolences to the family of the deceased. May his soul be placed among the righteous,” Judge Azura said during proceedings on Wednesday.
The prosecution had also withdrawn an earlier application under Section 342 of the CPC, which sought a mental evaluation to assess Daim’s capacity to stand trial.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin informed the court of the decision to withdraw the case, stating that there was no longer a basis to continue the proceedings. “Under Section 254 of the CPC, we do not intend to pursue the case as the accused has passed away. The power to discontinue prosecution rests with us. With his passing, there is no corpus,” he said.
Daim’s lawyer, Datuk Dr Gurdial Singh Nijar, argued that the late statesman had been determined to clear his name. “Until his last days, Daim expressed his wish to clear what he perceived as a baseless charge. Our position is that the trial should proceed as far as possible, even in the absence of the accused.”
Gurdial further emphasised that Daim’s reputation and significant public service merited a full acquittal, adding, “The charge should not be left hanging over a notable public figure who had an illustrious career.”
Following these arguments, Judge Azura ordered a full discharge and acquittal, along with the revocation of bail and the return of the bail money.
Daim (The Star pic, left) had been charged on January 29 for failing to declare assets, including a bank account, seven luxury vehicles, shares in 38 companies, and 25 properties across various states. The offence, which allegedly took place at the Malaysian Anti-Corruption Commission (MACC) headquarters in Putrajaya on December 13 of the previous year, was filed under Section 36(2) of the MACC Act 2009. Conviction under this section could have led to up to five years’ imprisonment and a maximum fine of MYR100,000.
Daim was initially released on bail set at MYR280,000 with one surety.
