A SESSIONS Court judge has dismissed an application by Toh Puan Na’imah Abdul Khalid, the widow of the late Tun Daim Zainuddin, to refer legal questions regarding her asset declaration charges to the High Court.
Judge Azura Alwi ruled that the application lacked merit, as no constitutional issues had been raised in the case, Bernama reports.
Toh Puan Na’imah had sought to refer questions of law related to Sections 30(5), 36(2), and 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLA) 2001, to the High Court on February 29 of last year.
In her brief ruling, Judge Azura agreed with the prosecution’s contention that the application concerning Section 32(3)(b) of AMLA was “frivolous, vexatious, and an abuse of the court process,” noting that no charge had been brought against the applicant under that section. The same rationale was applied to Section 30(5) of the MACC Act, which the court deemed investigation-oriented.
“The Hansard extract, which serves as the Official Parliamentary Report, clearly outlines the rationale behind the legislative provisions designed to combat corruption, conduct investigations, and record witness testimonies, taking into account the unique nature of corruption cases. Therefore, the application is dismissed,” Judge Azura said.
The court has now set trial dates for November 19-21 this year, January 21-23, and February 3-5, 2026, with case management scheduled for May 14.
Deputy public prosecutor Wan Shaharuddin Wan Ladin disclosed that 11 prosecution witnesses, including bank officers, officials from the Companies Commission of Malaysia, Land and Mines Office, and Road Transport Department, will provide testimony during the trial.
Toh Puan Na’imah, 67, was represented by lawyer Muhammad Nizamuddin Abdul Hamid.
She was charged on January 23, 2024, in the Sessions Court for failing to comply with a notice to declare her assets, which included Menara Ilham and several other properties in Kuala Lumpur and Penang. The charge falls 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.
-BTS Media
