Former finance minister Daim Zainuddin has joined his wife Na'imah Abdul Khalid in challenging the validity of a provision under which the couple is facing an asset-disclosure charge.
The business tycoon’s counsel Rajesh Nagarajan today confirmed an application has been filed for the Kuala Lumpur Sessions Court to refer to the High Court the issue of whether Section 36(2) of the MACC Act 2009 contravened the ex-minister’s fundamental right against self-incrimination.
“The application would come up before the Kuala Lumpur Sessions Court tomorrow,” the lawyer told Malaysiakini.
The 85-year-old wants the High Court to determine whether the provision infringes upon his constitutional right against being compelled to produce incriminating evidence that could be used against him and his right to a fair trial.
He is also looking to stay the asset disclosure criminal case before the Sessions Court, pending disposal of the reference bid.
On Jan 29 before the Sessions Court, Daim claimed trial to the charge of failing to abide by a MACC notice to disclose his assets, encompassing 38 firms, 25 pieces of land and property, seven luxury vehicles, and two investment fund accounts.
He allegedly gave a sworn written statement that did not comply with the MACC notice under Section 36(1) of the MACC Act.
Accused of committing the offence between Dec 13 and 14 last year, he may be jailed for up to five years and fined up to RM100,000.
Sessions Court judge Azura Alwi set bail at RM280,000 with one surety.
Azura also set March 22 for mention of the case. - Mkini
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