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Free Malaysia Today
5 days ago
- Business
- Free Malaysia Today
Aug 12 ruling on Naimah's constitutional reference appeal
Naimah Khalid is charged with failing to declare her ownership of companies, several plots of land, and two vehicles. (Bernama pic) KUALA LUMPUR : The High Court has set Aug 12 to deliver its decision on Naimah Khalid's appeal against a lower court's refusal to refer constitutional questions concerning the validity of her asset declaration charge to the Federal Court. Justice K Muniandy set the date after hearing submissions from deputy public prosecutor Law Chin How and Naimah's lawyer, Gurdial Singh Nijar. Naimah, the widow of the late Daim Zainuddin, claimed trial in the sessions court last year to a charge of failing to comply with the terms of an asset declaration notice issued by the Malaysian Anti-Corruption Commission (MACC). She was charged under Section 36(2) of the MACC Act 2009 with failing to declare her ownership of companies, several plots of land here and in Penang, and two vehicles. In her reference application, she claimed that Section 30(5) of the Act violated her rights against self-incrimination and to a fair trial. Section 30(5) provides that all persons to whom a notice is issued shall be legally bound to truthfully disclose all information within their knowledge, available to them or capable of being obtained by them. The sessions court dismissed her application earlier this year. Earlier today, Law told the court that Section 30(5) was legally sound, arguing that the provision was designed to compel individuals assisting in graft-related investigations to 'tell the truth'. He added that Naimah – who was summoned as a witness in a probe against Daim – had no right 'to remain silent' in the course of MACC investigations.
Malay Mail
6 days ago
- Politics
- Malay Mail
High Court to decide Aug 12 on Na'imah's bid to raise legal questions in MACC asset case
KUALA LUMPUR, July 11 — The High Court today fixed August 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 January 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 February 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 February 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
Free Malaysia Today
13-06-2025
- Politics
- Free Malaysia Today
Lawyer wants apex court ruling on validity of Naimah's asset declaration charge
Naimah Khalid, the wife of the late Daim Zainuddin, claimed trial in the sessions court last year to failing to comply with the terms of an asset declaration notice issued by MACC. (Bernama pic) KUALA LUMPUR : Naimah Khalid's lawyer argued in the High Court today that the validity of the provision under which she was charged must be decided by the apex court. Naimah, the wife of the late Daim Zainuddin, claimed trial in the sessions court last year to a charge of failing to comply with the terms of an asset declaration notice issued by the Malaysian Anti-Corruption Commission (MACC). Naimah was accused, under Section 36(2) of the MACC Act 2009, of failing to declare her ownership of companies, several plots of land here and in Penang, as well as two vehicles. She subsequently filed a reference application, claiming that Section 30(5) of the MACC Act violated her right against self-incrimination, her right not to provide evidence that could be used against her in future proceedings, and her right to a fair trial. Section 30(5) provides that all persons to whom a notice is issued shall be legally bound to state the truth and disclose all information within their knowledge, or available to or capable of being obtained by them. The sessions court dismissed her application earlier this year. Naimah's lawyer Gurdial Singh Nijar today maintained that it was unconstitutional for Naimah to stand trial, saying the charge infringed her fundamental rights. He added that the High Court should refer the matter to the Federal Court for judicial determination. Deputy public prosecutor Wan Shaharuddin Wan Ladin told the court that the MACC Act made it mandatory for anyone summoned by the anti-graft agency to provide statements to answer questions from the investigating officers. The hearing continues before Justice K Muniandy on July 11.
