Former finance minister Daim Zainuddin’s wife seeks to challenge the validity of a provision under which she is facing an asset-disclosure charge.
Na’imah Abdul Khalid’s legal team from Raj & Sach filed an application for the Kuala Lumpur Sessions Court to refer to the High Court the issue of whether Section 36(2) of the MACC Act 2009 violated her fundamental right against self-incrimination.
The 66-year-old wants the High Court to determine whether the provision infringes on her constitutional right against being compelled to produce incriminating evidence that could be used against her and her right to a fair trial.
She is also looking for a stay order over the asset disclosure criminal case pending before the Sessions Court, pending disposal of the reference bid.
On Jan 23 before the Sessions Court, Na'imah claimed trial to the charge of failing to abide by a MACC notice to disclose her assets.
She 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, she may be jailed for up to five years and fined up to RM100,000.
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 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 items involved in the non-disclosure are concerning two companies, namely Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd.
Sessions Court judge Azura Alwi set bail at RM250,000 with one surety and ordered Na’imah to surrender her passport to the court, pending disposal of her case.
Azura also set March 22 for mention of the case. - Mkini
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