Decision On Na'imah's Application Over Legal Questions Set For Aug 12

KUALA LUMPUR, July 11 (Bernama) -- The High Court today fixed Aug 12 to deliver its decision on an application by Toh Puan Na'imah Abdul Khalid, the widow of the late former Finance Minister Tun Daim Zainuddin, to review the Sessions Court’s decision that dismissed her request to refer legal questions in the undeclared assets case.

Justice K. Muniandy set the date after hearing submissions from Deputy Public Prosecutor Law Chin How and counsel Datuk Dr Gurdial Singh Nijar, who represented Na'imah.

Earlier, Law submitted that a case cited by the applicant had been taken out of context to sustain the notion that she, as a witness, is alleged to have a right to remain silent in the course of investigation.

"However, Section 30(5) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 stated that any person has no right to remain silent when he or she is required to assist an investigation.

"Therefore, the applicant is under a legal obligation to assist MACC in respect of the asset declaration of her late husband by complying with the notice under section 36(1)(b) of the MACC Act," he said.

Law said the question relating to Section 30(5) of the MACC Act raised by the applicant does not have a direct bearing on the matter of dispute or charge before this court.

"The applicant has failed to show to this court that Section 30(5) of the MACC Act is a clear transgression of the constitutional principles," he said.

Section 30(5) of the MACC Act states that a person who is being investigated for an offence under this act, or any other person whom the officer has reason to believe to have any information or document relating to the commission of such offence, may be examined orally by the officer investigating the offence, and shall be legally bound to answer such questions truly to the best of his knowledge or belief.

Gurdial, however, contended that his client was called to assist in the investigation against her late husband, strictly in her capacity as a witness and at all material times, she was never regarded as a co-suspect.

On Jan 23, 2024, Na’imah 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.

She 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.

On Feb 29, 2024, Na’imah filed an application to refer questions of law on Sections 30(5), 36(2) and 62 of the 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.

However, on Feb 18 this year, Sessions Court Judge Azura Alwi dismissed Na’imah’s application on the ground that it disclosed no merit, holding that no constitutional questions arose for determination.

-- BERNAMA