High Court to Rule on Na’imah’s Undeclared Assets Case Appeal

Kuala lumpur: The High Court today scheduled its decision for August 12 on Toh Puan Na'imah Abdul Khalid's application to review a Sessions Court ruling. Na'imah, the widow of former Finance Minister Tun Daim Zainuddin, seeks a review concerning legal questions in an undeclared assets case.

According to BERNAMA News Agency, Justice K. Muniandy set the decision date after hearing from Deputy Public Prosecutor Law Chin How and Na'imah's counsel, Datuk Dr Gurdial Singh Nijar. Law argued that a case cited by the applicant was misinterpreted to suggest Na'imah has a right to remain silent during the investigation. He emphasized that Section 30(5) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 obligates any person to assist in investigations without the right to silence.

Law stated that the questions surrounding Section 30(5) of the MACC Act are not directly relevant to the dispute at hand. He argued that the applicant failed to demonstrate that Section 30(5) violates constitutional principles.

Section 30(5) of the MACC Act mandates individuals under investigation, or those believed to hold relevant information, to provide truthful answers during an investigation. Gurdial contended that Na'imah was involved strictly as a witness in the investigation concerning her late husband and was not considered a co-suspect.

On January 23, 2024, Na'imah was charged in the Sessions Court for not complying with an asset declaration notice, involving properties in Kuala Lumpur and Penang. The charge under Section 36(2) of the MACC Act 2009 carries penalties of up to five years in prison or a RM100,000 fine if convicted.

On February 29, 2024, Na'imah sought to refer legal questions pertaining to Sections 30(5), 36(2), and 62 of the MACC Act 2009, along with Section 32(3)(b) of the AMLA 2001 to the High Court. However, on February 18, Sessions Court Judge Azura Alwi dismissed the application, citing a lack of merit and the absence of constitutional questions for determination.