Kuala lumpur: The High Court here today allowed Toh Puan Na'imah Abdul Khalid's application to revise the Sessions Court's decision dismissing her bid to refer eight legal questions to the Federal Court in relation to the charge of failing to declare assets.
According to BERNAMA News Agency, Justice K. Muniandy made the ruling after determining that the questions raised by the widow of former Finance Minister, the late Tun Daim Zainuddin, were not frivolous or an abuse of the court process, as decided by the Sessions Court. The judge noted a clear and compelling constitutional issue that needed to be resolved by the apex court. He emphasized that the questions posed represent an important challenge to a piece of legislation, rather than being an abuse of the judicial process as previously concluded.
Justice Muniandy further stated that the outcome of the case would significantly impact the rights of individuals summoned as witnesses, including the applicant in Malaysian Anti-Corruption Commission (MACC) investigations, and help define the limits of state power under the law and the Federal Constitution.
The court subsequently allowed Na'imah's revision application and instructed that the matter be sent back to the Sessions Court for transmission to the High Court. On January 23, 2024, Na'imah faced charges in the Sessions Court for failing to comply with a notice to declare her assets, which included Menara Ilham and 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 or a fine of RM100,000 upon conviction.
On February 29, 2024, Na'imah submitted an application to refer questions of law on 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 (AMLA) 2001 to the High Court. However, on February 18 this year, Sessions Court Judge Azura Alwi dismissed Na'imah's application, citing that it disclosed no merit and that no constitutional questions arose for determination.
In her pursuit to have the matter heard by the Federal Court, Na'imah is seeking a revision of the decision, which requires the process to go through the High Court initially. During case management before Judge Azura, the Sessions Court acknowledged the High Court's decision and directed that the notes of proceedings be forwarded to the High Court.
Deputy public prosecutors Law Chin How and Mohd Fadhly Mohd Zamry represented the prosecution, while Na'imah was represented by Datuk Dr Gurdial Singh Nijar.