Deputy public prosecutor Fadhly Zamry informed sessions court judge Azura Alwi the request was made during mention of the application before High Court deputy registrar Nur Liyana Sulaiman earlier today.

“Our application for the legal questions to be heard by another High Court judge is intended to expedite the hearing process,” said Fadhly.

He explained that the deputy registrar had informed them there is currently no replacement for the High Court (Criminal 2) judge following Justice K Muniandy’s appointment to the Court of Appeal.

Fadhly said the court fxed Nov 21 for the next mention to update the status of whether the hearing to refer the legal questions will remain under High Court (Criminal 2) or transferred to another High Court.

He said he requested that the mention of Naimah’s asset declaration case at the sessions court also be set for the same date, which was later granted by Azura.

On Aug 21, Muniandy allowed Naimah’s application after ruling that the legal questions raised were not frivolous or an abuse of the court’s process, overturning an earlier sessions court decision.

Naimah filed the application to refer legal questions relating 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 2001, on Feb 29 last year.

On Feb 18 this year, Azura dismissed the application on grounds that it lacked merit as no constitutional issues were raised in the case.

Naimah was charged in the sessions court on Jan 23, 2024, with failing to comply with a notice to declare her assets, which included Menara Ilham and several properties in Kuala Lumpur and Penang.

She was charged under Section 36(2) of the MACC Act 2009, which carries a maximum sentence of five years’ imprisonment or a fine of RM100,000, if convicted.