KUALA LUMPUR: The prosecution has filed an appeal against the High Court’s decision granting Toh Puan Na’imah Abdul Khalid’s application to review the Sessions Court’s refusal of her request to refer eight questions of law to the Federal Court on charges of failure to declare assets.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said the prosecution has also filed an application for a stay of proceedings under Sections 30(2) and 84 of the Courts of Judicature Act 1964 pending the hearing and disposal of its appeal.
“The prosecution filed the notice of appeal on Aug 27 at the Court of Appeal,” he told the media after proceedings before High Court Judge K Muniandy.
Judge Muniandy scheduled Oct 8 to hear the application for a stay before the hearing to frame the questions for referral to the Federal Court.
He also directed the applicant to file an affidavit in reply on or before Sept 29.
Wan Shaharuddin had informed the court that the prosecution had only received the respondent’s affidavit in reply on Sept 19 and requested a new hearing date.
Na’imah’s counsel Datuk Dr Gurdial Singh Nijar submitted that his client is prepared to proceed with the hearing of the stay application as the matter involves purely questions of law.
On Aug 21 Judge Muniandy allowed Na’imah’s application after finding that the legal questions raised by the widow of the late Finance Minister Tun Daim Zainuddin were neither frivolous nor an abuse of the court process.
On Jan 23 2024 Na’imah was charged in the Sessions Court with failing to comply with a Malaysian Anti-Corruption Commission notice to declare her assets allegedly including Menara Ilham and several other properties in Kuala Lumpur and Penang.
She was charged under Section 36(2) of the MACC Act 2009 which carries a maximum penalty of five years’ imprisonment a fine of RM100,000 or both upon conviction.
On Feb 29 2024 Na’imah filed an application to refer questions concerning the interpretation of 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.
Sessions Court Judge Azura Alwi dismissed Na’imah’s application on Feb 18 ruling it lacked merit as it had not raised any constitutional issues. – Bernama
