Toh Puan Na'imah Abdul Khalid, the widow of the late Tun Daim Zainuddin, seeks to refer questions of law regarding her asset declaration charges to the High Court. Her lawyer argues that the relevant provisions violate constitutional rights, while the prosecution contends the application is baseless.
The Sessions Court in Kuala Lumpur has scheduled February 18th to deliver its decision on an application filed by Toh Puan Na'imah Abdul Khalid, the widow of the late former Malaysian Finance Minister Tun Daim Zainuddin. Na'imah is seeking to refer questions of law pertaining to her charges of failing to declare assets to the High Court. Her lawyer, Datuk Dr.
Gurdial Singh Nijar, argues that the relevant provisions of the Malaysian Anti-Corruption Commission (MACC) Act and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds from Unlawful Activities Act 2001 violate Articles 5 and 8 of the Federal Constitution. Nijar contends these provisions infringe upon Na'imah's right to protection from self-incrimination and her right to a fair trial. He requests the court to refer the legal questions to the High Court for further consideration and potential referral to the Federal Court. However, the deputy public prosecutor, Datuk Wan Shaharuddin Wan Ladin, objects to the application, deeming it without merit, frivolous, and an abuse of the court process. Wan Shaharuddin argues that Na'imah has not fulfilled the requirements under Section 30 of the Courts of Judicature Act and that the raised issue does not constitute a constitutional matter. He requests the court to dismiss the application. Na'imah faces charges under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009 for failing to comply with a notice to declare her assets, including Menara Ilham and properties in Kuala Lumpur and Penang. This charge carries a maximum penalty of five years imprisonment or a fine of RM100,000 upon conviction
ASSET DECLARATION HIGH COURT REVIEW CONSTITUTIONAL RIGHTS MALAYSIAN ANTI-CORRUPTION COMMISSION ACT FEDERAL CONSTITUTION
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