Judge refuses to transfer Daim’s asset declaration case to another court

 

Former finance minister Daim Zainuddin is charged with failing to comply with the terms of an asset declaration notice issued by MACC.

PETALING JAYA: 

The sessions court in Kuala Lumpur today dismissed an application by Daim Zainuddin to have his trial over an alleged failure to declare assets to the Malaysian Anti-Corruption Commission (MACC) heard before a different judge.

Judge Azura Alwi said that the former finance minister had failed to prove a likelihood of bias in her conduct of the trial.

Lawyer Nizamuddin Abdul Hamid, who represented Daim and his wife Naimah Khalid, did not raise any objection to the decision.

Nizamuddin had earlier sought the court’s permission to dispense with Daim’s attendance at the proceedings today on grounds of his poor health, Berita Harian reported.

Deputy public prosecutor Wan Shaharuddin Wan Ladin, however, requested that the court order that Daim undergo a mental evaluation at a government hospital.

He said a medical report submitted by the defence had revealed that the accused had suffered several strokes, which led to falls, resulting in bone fractures.

Given the accused’s condition, it is possible that he may not be able to attend the trial. The primary concern is his mental state,

 he said, citing Section 342 of the Criminal Procedure Code to assess whether Daim is fit to stand trial.

Azura then set Oct 17 for the decision on the request.

On May 7, Daim applied for his asset declaration case to be transferred to another sessions court to avoid the possibility of bias if the same presiding judge also hears a similar charge brought against his wife.

Earlier this year, Daim pleaded not guilty to a charge under Section 36(2) of the MACC Act 2009 for allegedly failing to comply with the terms of an asset declaration notice issued by the anti-graft agency.

He is accused of failing to declare his ownership in 38 companies, 19 plots of land in Selangor, Negeri Sembilan, Pahang, Kedah and Kuala Lumpur, as well as six properties.

He is also accused of failing to declare his ownership of Amanah Saham Nasional Bhd and Amanah Saham Nasional accounts, as well as seven luxury vehicles.

In a separate charge, Naimah is accused under the same provision of failing to declare her ownership of various companies, several plots of land and two vehicles. - FMT