Dismissal of Na'imah's application to refer 8 legal questions a miscarriage of justice, court told

New Straits Times

20 hours ago

KUALA LUMPUR: The Sessions Court's dismissal of Toh Puan Na'imah Abdul Khalid's application to refer eight legal questions to the High Court related to her failure to declare assets case is a miscarriage of justice.
Na'imah's lawyer, Datuk Dr Gurdial Singh Nijar, said the High Court should exercise its discretion to intervene and correct the miscarriage of justice caused by the erroneous dismissal under the Malaysian Anti-Corruption Commission (MACC) Act.
"Given the subordinate court's misapplication and misconception of the law, it is imperative that the High Court steps in to remedy the situation in accordance with Section 323 of the Criminal Procedure Code, ensuring that justice is served and the rights of the applicant are duly protected.
"In exercising its revisionary powers, this honourable court may, if deemed necessary in the interest of justice, call for and examine the record of any proceedings before a subordinate criminal court to assess the correctness, legality of propriety of any finding, sentence or order, as well as the regularity of the proceedings of that court."
Gurdial said this when he made a submission during the revision application of the Sessions Court decision before High Court judge K. Muniandy.
He said the Sessions Court's dismissal of Na'imah application deprived her of her fundamental right, "thereby failing to ensure that the legal questions, which are central to the case, were properly addressed".
"The Sessions Court not only denied Na'imah clarity on her legal position, but also occasioned a miscarriage of justice.
"This oversight calls for rectification in order to uphold the integrity of the judicial process and ensure that Na'imah rights are fully respected."
The latest application by Na'imah, the widow of former finance minister Tun Daim Zainuddin, came after Sessions Court judge Azura Alwi dismissed her application to refer legal questions after finding that it lacked merit as there were no constitutional issues raised in the case.
On Feb 29 last year, Na'imah, 68, filed an application to refer legal questions pertaining to Section 30(5), 36(2) and 62 of the MACC Act, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act to the High Court.
On Jan 23 last year, Na'imah was charged at the Sessions Court for failing to comply with a notice to declare her assets.
Gurdial said the charge relates to an offence that is purely technical as she was issued with a Section 36(1)(b) notice in which she was asked to assist in investigations against Daim as a witness.
He said at all material times, Na'imah was never a co-suspect.
"She complied with the notice requiring her to disclose information in respect of assets to the best of her ability. She has made a statement on oath in this respect.
"Notwithstanding this, the MACC took the view that her compliance was insufficient — insufficient perhaps for them to formulate a charge against the late Daim for any criminal offence.
"Perhaps, in retaliation, the MACC commenced the present charge against her."
He said power must be given to the MACC to investigate a crime, but to impose criminal sanctions on a witness assisting in an investigation is disproportionate to the object that the law seeks to achieve.
He said solely due to this alleged non-compliance, a witness who is not a suspect assisting in an investigation is now slammed with criminal charges and faces the threat of imprisonment up to five years and a fine of up to RM100,000.
July 11 was set for the continuation of submissions by the prosecution led by deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin.