KUALA LUMPUR, Jan 15 — The Sessions Court has scheduled February 18 for a decision on the application by Toh Puan Na’imah Abdul Khalid, the widow of the late former finance minister Tun Daim Zainuddin, seeking to refer questions of law pertaining to the charge of failing to declare assets to the High Court.
"The court has set the decision on the application for February 18, at 10am," said Judge Azura Alwi after hearing submissions from both parties.
Na’imah applied on February 29 last year, seeking to refer questions of law involving Sections 30(5), 36(2), and 62 of the Malaysian Anti-Corruption Commission Act, as well as Section 32 of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds from Unlawful Activities Act 2001, to the High Court.
Earlier, her lawyer Datuk Gurdial Singh Nijar contended that these provisions violated Articles 5 and 8 of the Federal Constitution.
"The provisions violate the right of the client to be protected from self-incrimination and the right not to be compelled to provide testimony that may implicate them in an offence, which could then be used in proceedings. Additionally, it infringes on the right to a fair trial.
“Therefore, this constitutional issue is not trivial and can be contested. We respectfully request that the court grant our application to refer the questions of law to the High Court for further consideration, to determine whether the matter should be referred to the Federal Court," he said.
Meanwhile, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin objected to the application, arguing that it was without merit, frivolous, and an abuse of the court process.
"The applicant has failed to satisfy the requirements under Section 30 of the Courts of Judicature Act (1964). The issue sought to be referred to does not involve a constitutional matter.
"Therefore, we request that the court dismiss the application," he said.
On January 23 last year, Na’imah, 67, was charged in the Sessions Court with failing to comply with a notice to declare her assets, including Menara Ilham and several other properties in Kuala Lumpur and Penang.
The charge was brought under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, which carries a maximum penalty of five years imprisonment or a fine of RM100,000 upon conviction.
— Bernama
