The former finance minister wants the court to declare Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act unconstitutional.

The provision stipulates that those charged with any offence under the MACC Act must hand over their defence statements to the prosecution before their trial starts.

The Federal Court had in 2017 affirmed the validity of Section 62.

Daim is also asking the High Court to determine the validity of Section 36(2) of the same Act which relates to compliance with an asset declaration notice issued by MACC.

On Jan 29, he pleaded not guilty to one charge under Section 36(2) 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 alleged to have failed to declare his ownership of Amanah Saham Nasional Bhd and Amanah Saham Nasional accounts as well as seven luxury vehicles.

His wife, Naimah Khalid, also claimed trial to one charge under Section 36(2).

Naimah is also seeking the High Court to determine the constitutionality of the same provision.

The sessions court fixed March 22 for mention on Daim and Naimah’s reference application.