The prosecution in Na’imah Abdul Khalid’s asset disclosure case has filed to postpone the High Court’s proceeding from forming constitutional questions for Federal Court reference, pending a decision on their appeal notice against the judge’s Aug 21 decision.
The stay application was filed on Sept 10, to which Na’imah’s legal team replied nine days later.
Today, deputy public prosecutor Wan Shaharuddin Wan Ladin submitted to Kuala Lumpur High Court judge K Muniandy that they need some time to respond to Na’imah’s counsel.
“We filed our notice of appeal on Aug 27, before submitting this stay of proceedings application.
“We have received their reply and we intend to reply to their affidavits, as it is within our rights to do so,” he said.
This prompted objection from Na’imah’s lawyer, Gurdial Singh Nijar, who said that there is no basis to the prosecution’s stay application.
“(In fact) they have filed a certificate of urgency (for the matter to be heard as soon as possible). We are amenable to proceed today,” he said.
However, Wan Shaharuddin reiterated the prosecution’s right to reply and said the defendant should have responded to the appeal notice earlier.
“If they wanted to proceed as soon as possible, they should have replied quickly, instead of last Friday,” he said.
Muniandy then told the two parties, “don’t fight”, which lightened the mood in the courtroom, before fixing Sept 29 for the prosecution to file their reply and Oct 8 to hear the stay application.
Na’imah’s legal challenge
The prosecution is appealing against Muniandy’s decision allowing Na’imah, who is former finance minister Daim Zainuddin’s widow, to challenge several provisions under the MACC Act 2009 at the Federal Court.
On Aug 21, Muniandy, in allowing Na’imah’s appeal against the Sessions Court’s dismissal of the application, said the questions raised are neither frivolous nor an abuse of court process, as they represent an important challenge to a piece of legislation.
Among the legal provisions challenged are Section 36(2) and 30(5) of the MACC Act, where Na’imah argued that the provisions create a total prohibition on her personal rights accorded under Article 5(1) of the Federal Constitution.
Na’imah’s application was first filed at the Sessions Court before judge Azura Alwi on Feb 29 last year, linked to the criminal charges against her under the MACC Act at the same court.
The judge then dismissed her application on Feb 18 this year, after finding that it lacked merit as there were no constitutional issues.
Na’imah was charged on Jan 23 last year before Azura with allegedly failing to abide by a MACC notice to disclose her assets.
She was charged under Section 36(2) of the MACC Act, which carries a maximum five years’ imprisonment or a fine of RM10,000.
The assets she allegedly did not disclose involved multiple lands, properties, and Mercedes-Benz vehicles.
According to the annexure attached to the charge and read out in court, among the eight properties allegedly involved are Ilham Tower in Kuala Lumpur, a house in Bukit Tunku, Kuala Lumpur, as well as six plots of land - five in Kuala Lumpur and one in Penang.
Among other alleged items involved in the non-disclosure are two companies, namely Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.