KUALA LUMPUR: The prosecution in Tun Daim Zainuddin’s case for failing to comply with a notice to declare his assets today applied to the Sessions Court for the former Finance Minister to undergo a mental examination to determine his fitness to stand trial.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said this followed the frequent requests by the defence for the former minister to be exempted from court proceedings and raised a legal issue under Section 342 of the Criminal Procedure Code (CPC).
(Section 342 (5) of the CPC states that the Public Prosecutor may at any stage of any proceedings before the trial order any accused person whom he suspects to be of unsound mind to be sent to a psychiatric hospital for observation).
“Based on a medical report from Assunta Hospital submitted to the court today, it states that Tun Daim had suffered multiple strokes resulting in a hemorrhagic infarct since January 2024.
“Due to this, the prosecution doubts whether Tun Daim is fit to stand trial given the brain haemorrhage he has suffered and whether he is capable of receiving and giving instructions to his defence team when the trial commences,“ said Wan Shaharuddin during the case mention before Judge Azura Alwi today.
Wan Shaharuddin said the prosecution had sufficient grounds to order Daim to undergo a mental examination at Hospital Kuala Lumpur.
“We also doubt whether the facts pledged by Tun Daim in his previous affidavits are true or not,“ he said.
Lawyer Nizamuddin Abdul Hamid, representing Daim, objected to the prosecution’s request, arguing that his client was only suffering from physical weakness, not mental issues.
“When the prosecution decides to charge someone who is 86 years old, it naturally comes with certain health issues. If the court refers to the medical report, it also states that the problems faced are physical, not mental.
“We (the defence) have just met with him, and his mental state is still sound, so we oppose the prosecution’s request for a mental health examination,“ said Nizamuddin.
Judge Azura then set Oct 17 to decide whether Daim needs to undergo a mental examination.
The court also set the same day (October 17) to hear the application by Daim and his wife Toh Puan Na’imah Khalid to refer constitutional questions related to the charges facing them to the High Court.
During the proceeding today, Judge Azura also dismissed Daim’s application to transfer his case before another Sessions Court judge.
Judge Azura said Daim failed to meet the threshold for demonstrating a real danger of bias and provided no basis to show that the judgment would be clouded, even though Na’imah is charged in the same court.
“This court is capable and competent to consider all evidence and interlocutory applications professionally as a trained and experienced judicial officer in determining issues of admissibility, credibility, and the weight of each piece of evidence presented,“ said Azura.
Daim applied to transfer his case before another Sessions Court judge last May 7, citing concerns of potential unfairness and prejudice against him because his wife’s case is also being heard before the same judge.
On Jan 29, Daim, also known as Che Abdul Daim Zainuddin, 86, pleaded not guilty to charges of failing to comply with a Malaysian Anti-Corruption Commission (MACC) notice by not declaring assets, which included several luxury vehicles, companies, and properties across Kuala Lumpur, Selangor, Pahang, Negeri Sembilan, Perak, and Kedah.
On Jan 23, Na’imah, 66, was charged with one count of failing to comply with a MACC notice by not declaring assets, including Menara Ilham and several properties in Kuala Lumpur and Penang.
They are charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of imprisonment not exceeding five years and a fine of up to RM100,000, upon conviction.
