Kuala Lumpur: The Sessions Court today scheduled Feb 18 for a decision on the application by Toh Puan Na'imah Abdul Khalid, the widow of the late former Finance Minister Tun Daim Zainuddin, seeking to refer questions of law pertaining to the charge of failing to declare assets to the High Court. "The court has set the decision on the application for Feb 18, at 10 am," said Judge Azura Alwi after hearing submissions from both parties.

According to BERNAMA News Agency, Na'imah filed the application on Feb 29, 2024, to refer questions of law involving Sections 30(5), 36(2), and 62 of the Malaysian Anti-Corruption Commission (MACC) Act, as well as Section 32 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds from Unlawful Activities Act 2001, to the High Court. Her lawyer, Datuk Dr. Gurdial Singh Nijar, argued that these provisions violated Articles 5 and 8 of the Federal Constitution, particularly the rights against self-incrimination and the right to a fair trial.

Nijar contended that the provisions infringe on the client's rights by compelling testimony that could implicate them in an offence and be used in proceedings. He emphasized the constitutional significance of the issue and requested the court's permission to refer the questions of law to the High Court, potentially involving the Federal Court.

Conversely, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin opposed the application, labeling it as without merit and an abuse of the court process. He asserted that the applicant did not meet the requirements of the Courts of Judicature Act, emphasizing that the issue does not involve a constitutional matter and requested dismissal of the application.

Na'imah, 67, was charged on Jan 23 of last year with failing to comply with a notice to declare her assets, including Menara Ilham and other properties in Kuala Lumpur and Penang. The charge falls under Section 36(2) of the MACC Act 2009, carrying a penalty of up to five years imprisonment or a fine of RM100,000 upon conviction.