KUALA LUMPUR, Feb 18 — The Sessions Court has dismissed the application by the late former finance minister Tun Daim Zainuddin's widow Toh Puan Na’imah Abdul Khalid to refer questions of law to the High Court concerning the validity of charges she is facing for failing to declare her assets.
Judge Azura Alwi found that her application lacked merit, as there were no constitutional issues raised in the case.
On February 29 of last year, Na’imah filed an application to refer questions of law pertaining to Sections 30(5), 36(2), and 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLA) 2001 to the High Court.
In her brief ruling, Judge Azura explained that the court agreed with the prosecution’s argument that the application regarding Section 32(3)(b) AMLA was frivolous, vexatious, and an abuse of the court process, as no charge had been brought against the applicant under that section.
The same reasoning applied to Section 30(5) of the MACC Act, as the court concurred with the prosecution’s argument that this provision was investigation-oriented.
"The Hansard extract, which serves as the Official Parliamentary Report, clearly outlines the rationale behind the legislative provisions designed to combat corruption, conduct investigations, and record witness testimonies, taking into account the unique nature of corruption cases. Therefore, the application is dismissed," she said.
Judge Azura then set the trial dates for November 19 to November 21 this year, January 21 to January 23, and February 3 to February 5, 2026, while scheduling May 14 for case management.
Meanwhile, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said that 11 prosecution witnesses, including bank officers, officials from the Companies Commission of Malaysia, the Land and Mines Office, and the Road Transport Department, will testify during the trial.
Na’imah, 67, was represented by lawyer Muhammad Nizamuddin Abdul Hamid.
On January 23 last year, she was charged in the Sessions Court for failure to comply with a notice to declare her assets, which included Menara Ilham and several other properties in Kuala Lumpur and Penang.
Na’imah was charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years imprisonment or a fine of RM100,000 upon conviction.
— Bernama
