High Court gives the nod for Na'imah to refer constitutional questions to apex court
Justice K. Muniandy, in his decision Thursday (Aug 21), said that Na'imah's case contained constitutional issues that requires the Federal Court's intervention.
"In fact, there is a clear and compelling constitutional issue to be resolved by the apex court," he said.
He said the questions raised were not frivolous or an abuse of court process, as the Sessions Court had suggested, but rather represented a genuine and important challenge to a piece of legislation.
"The outcome of this case will have a profound impact on the rights of the individuals called as witnesses, including the applicant, in the Malaysian Anti-Corruption Commission (MACC) investigations and further define the limit of state power under the supreme law of the Federal Constitution," he said here on Thursday.
The court then allowed Na'imah's revision application and ordered for the matter to be transmitted to the Sessions Court for the lower court to transmit it back to the High Court.
On Jan 23, 2024, Na'imah was charged with failure to comply with a notice to declare her assets, which included Menara Ilham and several other properties in Kuala Lumpur and Penang.
She was charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years' imprisonment or a fine of RM100,000, upon conviction.
On Feb 29, 2024, Na'imah filed an application to refer questions of law pertaining to Sections 30(5), 36(2) and 62 of the MACC Act 2009, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 to the High Court.
On Feb 18, the application was dismissed by the Sessions Court on grounds that it lacked merit, as there were no constitutional issues raised in the case.
Na'imah then filed an application to the High Court to revise the Sessions Court's decision, which was decided Thursday.
In an immediate statement to the press, Na'imah welcomed the court's decision.
"This outcome is bigger than any individual case. It's about protecting fundamental liberties guaranteed under our Federal Constitution, including the right to silence, the right against self-incrimination and the right to a fair trial.
"No one is above the Constitution and no one is beneath its protection," she said.
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