Lawyer wants apex court ruling on validity of Naimah's asset declaration charge
KUALA LUMPUR : Naimah Khalid's lawyer argued in the High Court today that the validity of the provision under which she was charged must be decided by the apex court.
Naimah, the wife of the late Daim Zainuddin, claimed trial in the sessions court last year to a charge of failing to comply with the terms of an asset declaration notice issued by the Malaysian Anti-Corruption Commission (MACC).
Naimah was accused, under Section 36(2) of the MACC Act 2009, of failing to declare her ownership of companies, several plots of land here and in Penang, as well as two vehicles.
She subsequently filed a reference application, claiming that Section 30(5) of the MACC Act violated her right against self-incrimination, her right not to provide evidence that could be used against her in future proceedings, and her right to a fair trial.
Section 30(5) provides that all persons to whom a notice is issued shall be legally bound to state the truth and disclose all information within their knowledge, or available to or capable of being obtained by them.
The sessions court dismissed her application earlier this year.
Naimah's lawyer Gurdial Singh Nijar today maintained that it was unconstitutional for Naimah to stand trial, saying the charge infringed her fundamental rights.
He added that the High Court should refer the matter to the Federal Court for judicial determination.
Deputy public prosecutor Wan Shaharuddin Wan Ladin told the court that the MACC Act made it mandatory for anyone summoned by the anti-graft agency to provide statements to answer questions from the investigating officers.
The hearing continues before Justice K Muniandy on July 11.
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