KUALA LUMPUR: The High Court has granted Toh Puan Na’imah Abdul Khalid’s application to revise the Sessions Court’s dismissal of her bid to refer eight legal questions to the Federal Court regarding her asset declaration charge.
Justice K. Muniandy ruled that the questions raised by the widow of former Finance Minister Tun Daim Zainuddin were not frivolous or an abuse of court process as previously determined by the Sessions Court.
“In fact, there is a clear and compelling constitutional issue to be resolved by the apex court,” said the judge.
Justice Muniandy stated that the case outcome would significantly impact the rights of individuals summoned as witnesses in Malaysian Anti-Corruption Commission investigations.
The court ordered the matter to be transmitted back to the Sessions Court for subsequent referral to the High Court.
Na’imah faced charges on January 23, 2024, for failing to comply with a notice to declare assets including Menara Ilham and several 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 or a 100,000 ringgit fine.
On February 29, 2024, Na’imah filed an application to refer questions of law concerning several sections of the MACC Act and Anti-Money Laundering Act to the High Court.
Sessions Court Judge Azura Alwi dismissed Na’imah’s application on February 18, ruling that it disclosed no merit and raised no constitutional questions for determination.
The Sessions Court has directed that the notes of proceedings be sent to the High Court following today’s decision.
Deputy public prosecutors Law Chin How and Mohd Fadhly Mohd Zamry appeared for the prosecution while Na’imah was represented by Datuk Dr Gurdial Singh Nijar. – Bernama
