KUALA LUMPUR: The prosecution has withdrawn its application to stay the High Court proceedings involving Toh Puan Na'imah Abdul Khalid relating to her bid to refer legal questions pertaining to her criminal charge.
Justice K. Muniandy struck off the stay application after deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin informed the court that the parties had reached an agreement here on Wednesday (Oct 8).
"There is an agreement. Firstly, for the application to formulate legal questions under Section 84 of the Courts of Judicature Act (1964) to be heard before this court.
"We are also agreeable to withdraw the stay application and the transfer application," he said.
Na'imah's lawyer, Datuk Dr Gurdial Singh Nijar, confirmed the matter.
The hearing for the stay and transfer applications was initially fixed for hearing before Justice Muniandy on Wednesday, but the judge is expected to the elevated to the Court of Appeal soon.
Justice Muniandy then fixed Nov 10 for case management.
On Aug 21, Justice Muniandy allowed Na'imah's application for leave to refer questions of law to the Federal Court regarding the validity of her criminal charge.
On Jan 23, Na'imah was accused of intentionally giving 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.
The 67-year-old allegedly did not declare assets as stated in Appendix A, which includes two companies: Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd, two Mercedes-Benz 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 2009 and faces imprisonment of up to five years and a fine not exceeding RM100,000.
