KUALA LUMPUR: High Court judge Justice Mohd Arief Emran Arifin has allowed two questions of law to be referred to the Federal Court, submitted by Toh Puan Na’imah Abdul Khalid (pic), in connection with charges of failing to declare assets.
The Federal Court will now consider the two legal questions raised by the widow of former finance minister Tun Daim Zainuddin.
“I have reviewed the arguments from both parties. However, I am only allowing two questions to be referred to the Federal Court,” said the judge, Bernama reported.
The first question is whether Sections 30(5) and 36(2) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 infringe the right against self-incrimination, the right not to be compelled to produce incriminating evidence for use in proceedings against oneself, the right to remain silent, the presumption of innocence, and/or the right to a fair trial, thereby contravening Articles 5 and 8 of the Federal Constitution.
The second question is whether Sections 30(5) and 36(2) of the MACC Act 2009 satisfy the three-fold test of proportionality as entrenched in Article 8 of the Federal Constitution.
Yesterday’s proceedings were conducted by deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin, while Na’imah was represented by lawyers Datuk Dr Gurdial Singh Nijar and Muhammad Nizamuddin Abdul Hamid.
Na’imah was excused from appearing in court.
Speaking to the media after the proceedings, Gurdial said the two questions could have an impact on the charges faced by Na’imah.
On Aug 21, 2025, High Court judge Justice K. Muniandy (now a Court of Appeal judge) allowed Na’imah’s application for leave to review the Sessions Court’s decision, which had previously dismissed her bid to refer eight questions of law concerning the charges to the Federal Court.
Justice Muniandy found that the questions raised by Na’imah were neither frivolous nor an abuse of the court process, contrary to the Sessions Court’s earlier finding.
Previously, on Feb 18, 2025, the Sessions Court here had dismissed Na’imah’s application to refer questions of law to the High Court regarding the validity of the charges against her.
Delivering her decision, judge Azura Alwi found the application to be without merit, as no constitutional issues arose that would require determination by the Federal Court.
On Feb 29, 2024, Na’imah filed an application to refer questions of law to the High Court involving 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.
She was charged on Jan 23, 2024, at the Sessions Court here 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 MACC Act 2009, which carries a maximum prison sentence of five years or a fine of RM100,000 upon conviction.
