KUALA LUMPUR: The Sessions Court on Tuesday dismissed the application by the widow of the late former finance minister Tun Daim Zainuddin to refer questions of law regarding the validity of charges she is facing for failing to declare her assets, to the High Court.
Judge Azura Alwi found that Toh Puan Na’imah Abdul Khalid’s application lacked merit, as there were no constitutional issues raised in the case.
On Feb 29 of last year, Na’imah filed an application to refer questions of law pertaining to Sections 30(5), 36(2) and 62 of the Malaysian Anti-Corruption Commission (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.
In her brief ruling, Azura explained that the court agreed with the prosecution’s argument that the application regarding Section 32(3)(b) AMLA was frivolous, vexatious, and an abuse of the court process, as no charge had been brought against the applicant under that section.
The same reasoning applied to Section 30(5) of the MACC Act, as the court concurred with the prosecution’s argument that this provision was investigation-oriented.
"The Hansard extract, which serves as the Official Parliamentary Report, clearly outlines the rationale behind the legislative provisions designed to combat corruption, conduct investigations, and record witness testimonies, taking into account the unique nature of corruption cases. Therefore, the application is dismissed," said Azura.
She then set the trial dates for Nov 19-21 this year, Jan 21-23, and Feb 3-5, 2026, while scheduling May 14 for case management.
Meanwhile, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin stated that 11 prosecution witnesses, including bank officers, officials from the Companies Commission of Malaysia, Land and Mines Office and Road Transport Department, will testify during the trial.
Na’imah, 67, was represented by lawyer Muhammad Nizamuddin Abdul Hamid.
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. - Bernama
