KUALA LUMPUR, July 30 — The Federal Court is scheduled to hear two constitutional questions raised by Toh Puan Na’imah Abdul Khalid regarding her criminal charge of failing to declare her assets on Oct 8.
Counsel Izyan Azimi, representing the widow of the late former Finance Minister Tun Daim Zainuddin, informed Sessions Court Judge Azrul Darus of the apex court hearing date during case management today, in the presence of Malaysian Anti-Corruption Commission (MACC) deputy public prosecutor P. Rubini.
“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 told the court.
Rubini, who is prosecuting the case alongside MACC prosecuting officer Fatin Farhana Ismail, confirmed the Federal Court hearing date.
Following the submissions, Judge Azrul fixed Oct 15 for the next case mention, allowing both sides to update the Sessions Court on the outcome of the constitutional reference.
The constitutional challenge stems from an application filed by Na’imah on Feb 29, 2024, seeking 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).
On March 4 this year, High Court Judge Datuk Mohd Arief Emran Arifin granted permission for two key constitutional questions to be referred to the Federal Court for determination.
The first question asks whether Sections 30(5) and 36(2) of the MACC Act 2009 infringe upon 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 examines whether those provisions satisfy the three-stage proportionality test under Article 8 of the Federal Constitution.
Na’imah claimed trial in the Sessions Court on Jan 23, 2024, to a charge of failing to comply with an MACC notice requiring her to declare her assets, including Menara Ilham and several other properties across 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.
-NMT
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