KUALA LUMPUR: The Attorney-General’s Chambers (AGC) has filed an appeal against the High Court’s decision that allowed Toh Puan Na’imah Abdul Khalid’s application to refer eight legal questions linked to her criminal case.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin told the court that the prosecution was also applying for a stay of proceedings at the High Court.
Na’imah’s lawyer Datuk Dr Gurdial Singh Nijar, however, said the defence was ready to proceed with the hearing of the main application as the issues involved were questions of law and not disputed facts in the case.
In response, the DPP said the stay was necessary as the High Court proceedings would be rendered nugatory if the Court of Appeal were to rule in its favour.
Justice K. Muniandy then fixed Oct 8 for both parties to argue on the stay application.
On Jan 23 last year, Na’imah, 68, was charged in the Sessions Court with failing to comply with a notice to declare her assets, including Menara Ilham and several other properties in Kuala Lumpur and Penang.
The charge was brought under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, which carries a maximum penalty of five years imprisonment or a fine of RM100,000, upon conviction.
Na’imah challenged the charge against her by filing an application at the Sessions Court on Feb 29 last year, to refer legal questions pertaining to Section 30(5), 36(2) and 62 of the MACC Act, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act to the High Court.
Her application was denied by the Sessions Court. Na’imah then filed for a revision application against the Sessions Court decision at the High Court.
On Aug 21, Justice Muniandy allowed Na’imah’s revision application on grounds that her case contained constitutional issues that requires the Federal Court’s intervention.
