Daim’s lawyers slam 'sham investigation' for failing to probe Anwar over Bloomberg expose

Lawyers for Daim Zainuddin has slammed police for failing to act on a police report filed by the former finance minister to investigate Anwar Ibrahim over allegations of abuse of power, in the wake of a damning Bloomberg report alleging that the prime minister had stalled an investigation involving his aide while instructing top graft buster Azam Baki to go after political enemies.

They say the report had clearly asked the police to investigate allegations that Anwar had abused his office in relation to investigations by the Malaysian Anti-Corruption Commission (MACC) into Daim, former leader Dr Mahathir Mohamad and his sons.

"We can now inform the public that this has not happened," said a statement by lawyers Rajesh Nagarajan and Sachpreetraj Singh.

They said the police had informed them that Daim's complaint was being investigated under Section 233 of the Malaysian Communications and Multimedia Act, a law often used against government critics, as well as Section 505(b) of the Penal Code, which relates to statements prejudicial to the state and public tranquillity.

"Clearly, there is no investigation commenced against Anwar Ibrahim for suspected abuse of power as disclosed in the Bloomberg article.

"Instead, the investigation is against Bloomberg news and the journalists who have broken a story about abuse of power in the highest halls of power in Malaysia," they added.

On Sept 26, Bloomberg cited three informed sources as saying that MACC chief commissioner Azam Baki had told his officers that its investigations into Daim and Mahathir were launched on Anwar's instructions.

The sources also claimed that Anwar had told Azam not to investigate his former political secretary Farhash Wafa Salvador over the controversial purchase of shares in a company linked to the development of a new billion-ringgit immigration system.

The Prime Minister's Office and MACC have denied the claims.

On Sept 30, Daim's wife Naimah Khalid in a report filed on his behalf, called on the police to conduct a comprehensive investigation into the claims.

"Under our Federal Constitution, a sitting prime minister is subject to the law just as everyone else," said Naimah.

"Abuse of power of this nature is punishable under section 23 of the MACC Act 2009 and other relevant penal provisions. Daim is fully prepared to give a statement to the police if necessary."

Earlier this month, Rajesh questioned the seriousness of the police after Naimah was summoned for questioning.

"The complaint is being investigated by an inspector at the Sentul police headquarters. But this is a complaint lodged in which we want the PM to be investigated. Can an inspector investigate a PM? It's highly unlikely," he had said on Oct 1.

In their statement today, the lawyers described the investigation as "sham" and called on Inspector-General of Police Razarudin Husain to explain the police's failure to investigate the subject matter of the report.

"Failure to do so will be a mockery of our criminal justice system and the rule of law."

They said former prime minister Najib Razak had used similar tactics to cover up the 1MDB scandal.

"It is similar to the tactic used by Najib Razak when the 1MDB scandal was exposed by the Wall Street Journal," they said, referring to the jailed leader's move to shut down an investigation involving him in 2016.

The lawyers reminded police that they were bound by law to "investigate every report fairly and independently".

"They must be impartial and act fearlessly even if the subject of the investigation is the prime minister himself.

"Why have the police not opened an investigation into abuse of power by the PM? Is the PM above the law?"