KUALA LUMPUR: The High Court has fixed Aug 12 to deliver its decision in Toh Puan Na’imah Abdul Khalid’s application for a revision of the Sessions Court’s dismissal in her application to refer eight questions regarding the validity of charges she is facing.
Justice K. Muniandy set the date after hearing submissions from Deputy Public Prosecutor Law Chin How and Naimah’s lawyer Datuk Dr Gurdial Singh Nijar.
Earlier, DPP Law told the court that the proposed questions raised by Na'imah have no constitutional issue and that the decision by the Sessions Court judge to dismiss her application was correct.
Law said a case cited by Na'imah in the application has been taken out of its context to sustain the notion that she as a witness is alleged to have a right to remain silent in the course of investigation.
"In other words, a witness 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 Malaysian Anti-Corruption Commissions (MACC) in respect of asset declaration of her late husband by complying with the notice under section 36(1)(b) MACC Act," he said.
On Jan 23, 2024, Na’imah was charged with 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 Feb 29, 2024, Na’imah filed an application to refer questions of law pertaining to 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 2001 to the High Court.
On Feb 18, the application was dismissed by the Sessions Court on grounds that it lacked merit, as there were no constitutional issues raised in the case.
