Justice Wan Ahmad Farid Wan Salleh ruled that such action by investigative authorities cannot be reviewed by the courts.
He said the High Court is bound by a 2017 Federal Court decision involving lawyer Latheefa Koya’s challenge to MACC for issuing a notice to her to appear before it.
“As such, MACC, in the exercise of its powers in the course of criminal investigation or enquiry, is not open to judicial review,” Wan Farid said.
The court said the apex court ruling against Latheefa had held that one way to challenge the investigative powers is to establish bad faith on the part of the investigating officers.
“I have gone through the applicant Daim’s affidavit in support of seeking leave.
“Save for the assertion that he was perplexed and deeply disturbed with MACC’s conduct, there was no allegation or evidence to suggest mala fide (bad faith) by MACC investigating officers,” he said.
Besides which, Wan Farid said, both Daim and his wife, Naimah Khalid, could bring this up in their defence before the sessions court as they have already been charged.
“The issue of the allegation that the investigation and charges against them were actuated by political motives should be addressed in a criminal court.
“Any attempt to quash the prosecution should be made by an applicant in the criminal court and not by a judicial review,” he said.
In January, Daim and his family filed an application for a judicial review in a bid to quash a probe by MACC into their financial affairs.
They said they were in the dark about the nature of the investigation, except for news reports claiming it was linked to the Pandora Papers.
The family claimed the investigation began some time in February 2023.
Daim and his family also said the MACC probe into alleged money laundering and abuse of power was unconstitutional.
Lawyers Tommy Thomas and Lai Wei Shiung appeared for the family, while senior federal counsel Shamsul Bolhassan and Liew Horng Bin represented the government and MACC.
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