Daim falls sick on court date to assess his mental fitness

KUALA LUMPUR: Tun Daim Zainuddin was scheduled to be in court to hear its decision on whether he should be assessed for his mental fitness to stand trial, but it was told that he had been admitted to hospital.

The former finance minister’s lawyer Datuk Gurdial Singh Nijar informed Sessions Court judge Azura Alwi that his client was unable to attend the proceedings here yesterday as he was in hospital but did not explain the reason behind Daim’s hospital admission.

The court was initially set to deliver its decision on the prosecution’s application for Daim to undergo a mental evaluation to assess whether he could stand trial.

Gurdial, who recently joined Daim’s defence team, also told Azura that he needed more time to prepare his submissions in the prosecution’s application.

Azura then fixed Nov 20 to hear the defence’s rebuttal and said that Daim must be present on the date.Earlier, deputy public prosecutor Law Chin How questioned Daim’s absence in court to face a charge of failure to declare his assets.

He said the prosecution had received Daim’s medical certificate (MC) issued by Assunta Hospital, Petaling Jaya, from the defence team.“We ask for the hospital to give a full report on Daim’s condition and we want the attending doctor to come to court and explain,” he said.

On Aug 27, the prosecution made an application under Section 342 of the Criminal Procedure Code to have Daim subjected to a mental evaluation. It said that the application was prompted due to the defence often asking the court to exempt Daim from attending his court proceedings.

Daim’s lawyer Nizamuddin Abdul Hamid objected to the application. He said that his client suffered physical ailments and not a mental one that would affect his comprehension and ability to understand the charge.

On Jan 29, Daim, 86, was charged at the Sessions Court with failing to declare his assets.

According to the charge sheet, Daim is accused of intentionally given a written statement under oath that did not comply with the terms of notice under Section 36(1) (b) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, whereby he did not declare assets as stated in Appendix A (which included a bank account, seven luxury cars, 38 companies and 25 lands and properties spread across Kuala Lumpur, Negri Sembilan, Pahang and Perak).

He allegedly committed the offence at the MACC headquarters in Putrajaya on Dec 13, 2023.

Under Section 36(2) of the MACC Act 2009, Daim faces imprisonment of up to five years and a fine not exceeding RM100,000, if convicted.