Daim’s wife challenges validity of MACC charge

Under fire: Na’imah (left) arriving at the Kuala Lumpur Court Complex in Kuala Lumpur. — MUHAMAD SHAHRIL ROSLI/The Star

KUALA LUMPUR: The wife of former finance minister Tun Daim Zainuddin, Toh Puan Na’imah Abdul Khalid, wants to refer to the High Court for a determination on the validity of her charge under the Malaysian Anti-Corruption Commission (MACC) Act at the Sessions Court.

Na’imah, 67, filed the notice of motion for a reference application at the Sessions Court registry under Section 30(1) of the Courts of Judicature Act through Messrs Raj & Sach on Feb 29.

According to the notice, Na’imah is seeking for the Sessions Court to make an order to refer several constitutional questions to the High Court.

Among the questions are whether Sections 30(5) and 36(2) of the MACC Act infringe on her right against self-incrimination and her right to not be compelled to produce incriminating evidence to be used in a proceeding against a person.

Na’imah is also seeking to know whether Sections 30(5) and 36(2) of the MACC Act used against her infringe on her right to a fair trial and therefore infringe Articles 5 and 8 of the Federal Constitution as unconstitutional and void.

She is also seeking to have the criminal proceedings against her at the Sessions Court to be stayed, and other reliefs deemed fit by the court.

A check with the court’s efiling system showed that the application has been fixed for case management on March 22.

On Jan 23, Na’imah claimed trial at the Sessions Court here to a charge under the MACC Act.

According to the charge sheet, Na’imah had intentionally given a written statement under oath that did not comply with the terms of notice under Section 36(1) (b) of the MACC Act.

The 67-year-old allegedly did not declare assets as stated in Appendix A, which include two companies: Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd, two luxury cars and eight properties.

The properties are Menara Ilham in Jalan Binjai, a house in Persiaran Bukit Tunku, four lots in Bukit Tunku, one lot in Penang and a house in Taman Tun Dr Ismail.

She was charged under Section 36(2) of the MACC Act and faces imprisonment of up to five years and a fine not exceeding RM100,000.