Aug 12 ruling on Naimah’s constitutional reference appeal

Aug 12 ruling on Naimah’s constitutional reference appeal

Naimah Khalid wants the Federal Court to deliberate whether the charge she is facing violates her rights not to incriminate herself and to a fair trial.

naimah khalid
Naimah Khalid is charged with failing to declare her ownership of companies, several plots of land, and two vehicles. (Bernama pic)
KUALA LUMPUR:
The High Court has set Aug 12 to deliver its decision on Naimah Khalid’s appeal against a lower court’s refusal to refer constitutional questions concerning the validity of her asset declaration charge to the Federal Court.

Justice K Muniandy set the date after hearing submissions from deputy public prosecutor Law Chin How and Naimah’s lawyer, Gurdial Singh Nijar.

Naimah, the widow 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).

She was charged under Section 36(2) of the MACC Act 2009 with failing to declare her ownership of companies, several plots of land here and in Penang, and two vehicles.

In her reference application, she claimed that Section 30(5) of the Act violated her rights against self-incrimination and to a fair trial.

Section 30(5) provides that all persons to whom a notice is issued shall be legally bound to truthfully disclose all information within their knowledge, available to them or capable of being obtained by them.

The sessions court dismissed her application earlier this year.

Earlier today, Law told the court that Section 30(5) was legally sound, arguing that the provision was designed to compel individuals assisting in graft-related investigations to “tell the truth”.

He added that Naimah – who was summoned as a witness in a probe against Daim – had no right “to remain silent” in the course of MACC investigations.

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