Justice K Muniandy ruled today that Naimah’s application was not frivolous, and raised substantial questions that warrant further consideration.

“The questions represent a genuine and important challenge to the legislation using the latest legal principles established by the court.

“The outcome of this case will have a profound impact on the rights of individuals called as witnesses, including the applicant, in MACC (Malaysian Anti-Corruption Commission) investigations, and will further define the limits of state power under our supreme law, the Federal Constitution,” he said.

The questions of law pertained 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.

Naimah, the widow of former finance minister Daim Zainuddin, claimed trial in the sessions court last January to a charge of failing to comply with the terms of an asset declaration notice issued by MACC.

She filed an application one month later to refer eight questions of law on the said provisions to the High Court.

On Feb 18, sessions court judge Azura Alwi rejected her application, ruling that it lacked merit and raised no constitutional questions which merited determination, prompting her to file the present appeal.

Senior counsel Gurdial Singh Nijar represented Naimah, while deputy public prosecutor Law Chin How appeared for the prosecution.

Naimah described today’s ruling as a victory not just for her, but for justice and the rule of law.

“This outcome is bigger than any individual case. It is 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.

Naimah added that she would continue to defend her case with full respect for the law.