Na'imah Succeeds In Her Bid To Revise Sessions Court's Decision Over Legal Questions

KUALA LUMPUR, Aug 21 (Bernama) -- 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.

Justice K. Muniandy made the ruling after finding 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.

“In fact, there is a clear and compelling constitutional issue to be resolved by the apex court. The questions raised are not frivolous or an abuse of court process, like the Sessions Court decided, but rather represent an important challenge to a piece of legislation,” said the judge.

Justice Muniandy said the outcome of the case would have a profound impact on the rights of individuals summoned as witnesses, including the applicant in Malaysian Anti-Corruption Commission (MACC) investigations, and further define the limits of state power under the law and the Federal Constitution.

The court then allowed Na'imah's revision application and ordered that the matter be transmitted to the Sessions Court for the lower court to transmit it back to the High Court.

On Jan 23, 2024, Na’imah was charged in the Sessions Court for failure to comply with a notice to declare her assets, which included Menara Ilham and several 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 Feb 29, 2024, Na’imah filed 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.

On Feb 18 this year, Sessions Court Judge Azura Alwi dismissed Na’imah’s application on the ground that it disclosed no merit, holding that no constitutional questions arose for determination.

Na’imah is seeking a revision of the decision as part of her bid to have the matter heard by the Federal Court, but the law requires it to go through the High Court first.

Meanwhile, during case management before Judge Azura, the Sessions Court noted the High Court’s decision and directed that the notes of proceedings be sent to the High Court.

Deputy public prosecutors Law Chin How and Mohd Fadhly Mohd Zamry appeared for the prosecution, while Na'imah was represented by Datuk Dr Gurdial Singh Nijar.

-- BERNAMA