KUALA LUMPUR (March 5): Former finance minister Tun Daim Zainuddin's wife, Toh Puan Na'imah Abdul Khalid, wants to stay her trial at the Sessions Court on her alleged failure to declare her assets to the Malaysian Anti-Corruption Commission (MACC).

This was part of Na'imah's prayer in her application to refer questions of law to the High Court on whether two sections of the MACC Act 2009 contravene articles in the Federal Constitution guaranteeing personal liberty and equality before the law.

In the application filed last week, the 66-year-old wants the High Court to make an order that Section 30(5) and Section 36(2) of the MACC Act pertain to disclosure of information per notices served and compliance with the said notices to assist in the anti-graft agency's investigations.  

Na'imah, who filed the application through her solicitors at Messrs Raj & Sach, wants the court to make a determination, among others, on whether the two sections encroach on a person's right against self-incrimination.

Na'imah was charged in January under Section 36(2) of the MACC Act for failure to declare her assets. The single charge carries a punishment of a maximum five-year imprisonment and a fine not exceeding RM100,000.

Among the 12 assets that she did not declare were a Mercedes Benz EQC400 and 500 SL AUTO series, seven properties in Kuala Lumpur and one in Penang and Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd. She has claimed trial to the offence and the court has set bail at RM250,000.

A few days later, her husband was charged under the same section over a similar offence. Daim, 85 was charged with not declaring one Amanah Saham bank account, seven vehicles including a Rolls-Royce, an Austin Morris Austin and a Jaguar XJS HE, 38 companies, and 25 properties, some of which are linked to the companies he owns.

Among the companies mentioned were Ibu Kota Developments Sdn Bhd, Maya Seni Holdings Sdn Bhd, Menara Ampang Sdn Bhd, Dream Cruiser Sdn Bhd, Landbelt Corporation Sdn Bhd, Avillion Bhd, Avillion Hotel Group, Admiral Cove Development Sdn Bhd and Avillion Hotels International Sdn Bhd, to name a few.

The former Cabinet minister has also claimed trial and the court set bail at RM280,000.

Daim and Na'imah have claimed that the charges and ongoing investigations against their family are politically motivated.

Read also:
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Court quashes Daim and family's bid for judicial review of MACC probe