KUALA LUMPUR (March 22): The prosecution in Toh Puan Na’imah Abdul Khalid’s criminal trial — for not disclosing her assets to the Malaysian Anti-Corruption Commission (MACC) — are objecting to 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 an affidavit filed by the prosecution to the court on March 10 — in objection to Na’imah’s application to refer to the Kuala Lumpur High Court, questions on whether the two sections of the MACC encroach on a person’s right against self-incrimination — the prosecution had said that Na’imah had no merit to make the application. 

Na’imah, who is former finance minister Tun Daim Zainuddin’s wife, 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. 

According to a copy of the affidavit, deputy public prosecutor Maziah Mohaide had claimed that Na’imah’s application carries no merit as the MACC provisions did not contravene her rights to personal liberty. 

“The questions that are put forward by the applicant (Na’imah) is not a constitutional issue and it does not contravene any subject in the Federal Constitution,” Maziah said.

She added that the “privilege against self incrimination” is something that is not a guaranteed absolute right under the law and it is not guaranteed under the Federal Constitution.

Maziah further said that Section 36 (2) of the MACC Act does not go against the fundamental right to personal liberty, as Na’imah was not arrested or detained when she was asked by the MACC to declare her assets. Thus, her issue of whether there has been an infringement on her personal liberty as stated in Article 5 of the Federal Constitution is premature. 

At a case management on Friday before Sessions Court judge Azura Alwi, the court (where Na’imah was charged) was informed of the prosecution’s affidavit objecting to Na’imah’s application. 

Azura then set May 9 for a case management and May 21 to hear Na’imah’s referral application. The Sessions Court will hear arguments for and against referring these questions to the High Court and will decide whether her application will be allowed to proceed. 

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.

Daim, 85, was charged with not declaring an 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 had 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.
 
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