KUALA LUMPUR: The prosecution has asked that Toh Puan Na’imah Abdul Khalid's (pic) application to refer eight legal questions to the Federal Court over a charge of failing to declare assets be heard by another High Court judge.
Deputy public prosecutor Mohd Fadhly Mohd Zamry informed Sessions Court judge Azura Alwi that the request was made during mention of the application before High Court Deputy Registrar Nur Liyana Mohd Sulaiman earlier on Monday (Nov 10).
"Our application for the legal questions to be heard by another High Court judge is intended to expedite the hearing process,” he said.
He explained that the Deputy Registrar had informed them that there is currently no replacement for the High Court (Criminal 2) judge following Justice K. Muniandy’s appointment to the Court of Appeal.
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Fadhly added that the court has fixed Nov 21 for the next mention to update the status of whether the hearing to refer the legal questions will remain under High Court (Criminal 2) or be transferred to another High Court.
In line with this, he requested that the mention for Na’imah’s asset declaration case at the Sessions Court also be set on the same date, which was later granted by judge Azura.
On Aug 21, Justice Muniandy had allowed Na’imah’s application after ruling that the legal questions raised were not frivolous or an abuse of court process, overturning an earlier Sessions Court decision.
Na'imah filed the application to refer legal questions relating to Sections 30(5), 36(2) and 62 of the Malaysian Anti-Corruption Commission Act 2009, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 on Feb 29 last year.
On Feb 18, judge Azura dismissed the application on the grounds that it lacked merit as no constitutional issues were raised in the case.
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On Jan 23 last year, Na’imah, the widow of the late former finance minister Tun Daim Zainuddin, was charged in the Sessions Court with failing to comply with a notice to declare her assets, which included Menara Ilham and several properties in Kuala Lumpur and Penang.
She was charged under Section 36(2) of the MACC Act, which provides for a maximum sentence of five years' jail, or a fine of RM100,000, if convicted. – Bernama
