A three-member panel comprising Court of Appeal judges Datuk Azizah Nawawi, Datuk Hashim Hamzah, and Datuk Azizul Azmi Adnan unanimously dismissed their appeal to obtain leave to commence a judicial review on the ground that the criminal investigations are not amenable to judicial review.
"Therefore, the court dismisses the appellants' appeal with no order as to costs," said Justice Azizah.
On March 4, the Kuala Lumpur High Court rejected Daim and his family's application for leave for a judicial review, stating that they failed to establish mala fide elements against the MACC officer who conducted the investigation.
Daim, 85, his wife Toh Puan Nai'mah Abdul Khalid, 66, and their four children - Asnida, 62, Md Wira Dani, 45, Muhammed Amir Zainuddin, 28, and Muhammed Amin Zainuddin, 25 - and Ilham Tower Sdn Bhd filed the judicial review application on Jan 10, naming MACC and the public prosecutor as respondents.