Daim, Naimah’s bid to void charges belongs in criminal court, says DPP

 

Daim Zainuddin and wife Naimah Khalid are charged with failing to declare their assets despite being issued with notices from MACC requiring them to do so.

KUALA LUMPUR: The application by ex-finance minister Daim Zainuddin and wife Naimah Khalid to strike out criminal charges brought against them for failing to declare their assets should have been made in the criminal court, the High Court was told.

Senior federal counsel Liew Horng Bin said there is no reason why evidence in a criminal case should be produced in a civil court, Bernama reported.

Likewise, he said any application to stay the proceedings of their criminal cases should be brought in the relevant criminal court, and not in the civil courts.

Justice Wan Ahmad Farid Wan Salleh, who is also hearing an application brought by the couple seeking leave to commence judicial review proceedings, ordered all parties to file additional submissions by March 1.

Lawyer Mervyn Lai represented Daim and Naimah.

Earlier, the court granted Daim and Naimah’s application to amend several paragraphs in their application for a judicial review over the Malaysian Anti-Corruption Commission’s (MACC) decision to probe their financial affairs.

The amendment centred on notices served under Section 36(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 to Daim and Naimah.

Daim, Naimah, their children – Asnida, Wira Dani, Amir and Amin Zainuddin – and Ilham Tower Sdn Bhd filed their leave application on Jan 10.

They named MACC and the public prosecutor as the first and second respondents.

The application was heard by Wan Farid, who fixed March 4 to deliver his ruling.

On Jan 23, Naimah was charged under Section 36(2) of the MACC Act 2009 with failing to declare her ownership in various companies, several plots of land and two vehicles.

Six days later, Daim was charged under the same provision with failing to declare his ownership of 38 companies, 19 plots of land in Selangor, Negeri Sembilan, Pahang, Kedah and Kuala Lumpur, as well as six properties, seven vehicles and two bank accounts.

Both pleaded not guilty to the charges, which carry a jail sentence of up to five years and a fine of not more than RM100,000 upon conviction. - FMT