KUALA LUMPUR: The Federal Court will hear two legal questions raised by Toh Puan Na’imah Abdul Khalid over her charge of failing to declare her assets on Oct 8.
Counsel Izyan Azimi, representing the widow of former Finance Minister the late Tun Daim Zainuddin, informed Sessions Court Judge Azrul Darus of the hearing date during case management today, in the presence of deputy public prosecutor P. Rubini of the Malaysian Anti-Corruption Commission (MACC).
“Hence, we request the court to fix another mention date for the parties to update the court on the status of the legal questions, and we also seek an exemption for the accused from attending those proceedings,” Izyan said.
Rubini, who is prosecuting the case alongside MACC prosecuting officer Fatin Farhana Ismail, confirmed the Federal Court hearing date.
Judge Azrul subsequently fixed Oct 15 for the next case mention for both parties to update the court on the outcome of the legal questions.
On Feb 29, 2024, Na’imah applied to refer questions of law concerning 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 (AMLATFPUAA), to the High Court.
On March 4 this year, High Court Judge Datuk Mohd Arief Emran Arifin allowed the two constitutional questions to be referred to the Federal Court.
The first question asks whether Sections 30(5) and 36(2) of the MACC Act 2009 violate the constitutional right against self-incrimination, the right to remain silent, the presumption of innocence, or the right to a fair trial, contrary to Articles 5 and 8 of the Federal Constitution.
The second question asks whether those provisions satisfy the three-stage proportionality test under Article 8 of the Federal Constitution.
Na’imah was charged in the Sessions Court on Jan 23, 2024, with failing to comply with a notice requiring her 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 penalty of five years’ imprisonment, a fine of RM100,000, or both, upon conviction.
— BERNAMA
