KUALA LUMPUR, JULY 30 — Two legal questions raised by Toh Puan Na’imah Abdul Khalid regarding the charge of failing to declare assets will be heard in the Federal Court on Oct 8.
Lawyer Izyan Azimi, who represents the widow of the late former Finance Minister Tun Daim Zainuddin, informed Sessions Court Judge Azrul Darus of the matter during the mention of the case today.
“We request the court to set a next mention date for the parties to inform us of the status of the legal issue and we request that the accused be exempted from attending the proceedings,” he said.
Malaysian Anti-Corruption Commission (MACC) Deputy Public Prosecutor P. Rubini also confirmed the hearing date. He is handling the case together with MACC Prosecuting Officer Fatin Farhana Ismail.
The court set a mention of the case on Oct 15 for both parties to inform each other of the status of the legal issue.
On 29 Feb 2024, Na’imah filed an application to refer legal questions involving Section 30(5), Section 36(2) and Section 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 (AMLATFPUAA) 2001 to the High Court.
On March 4, High Court Judge Datuk Mohd Arief Emran Arifin allowed the two legal questions to be heard in the Federal Court.
The first question is whether Sections 30(5) and 36(2) of the MACC Act 2009 violate the right to protection from self-incrimination or the right not to be compelled to present evidence that shows a person’s guilt or the right to remain silent or the principle of presumption of innocence or the right to a fair trial and violate Articles 5 and 8 of the Federal Constitution.
The second question is whether Sections 30(5) and 36(2) of the MACC Act 2009 meet the three-tier proportionality test as enshrined in Article 8 of the Federal Constitution.
On Jan 23, 2024, Na’imah was charged in the Sessions Court here, on a charge of failing to comply with a notice to declare her assets, including Menara Ilham and several other assets around 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, if convicted.
— BERNAMA
