KUALA LUMPUR: The wife of former finance minister Tun Daim Zainuddin, Toh Puan Na'imah Abdul Khalid, has filed an application to refer the Sessions Court to the High Court for a determination on the validity of her criminal charge under the Malaysian Anti-Corruption Commission Act (MACC) 2009.
Na'imah, 67, filed the notice of motion at the Sessions Court registry under Section 30(1) of the Courts of Judicature Act 1964 through Messrs Raj & Sach on Feb 29.
According to the notice, Na'imah is seeking for the Sessions Court to make an order to refer to the High Court several constitutional questions.
Among the questions are whether Section 30(5) and Section 36(2) of the MACC Act infringes her right against self-incrimination and her right to not be compelled to produce incriminating evidence to be used in a proceedings against a person.
Na'imah sought to know whether Section 30(5) and Section 36(2) of the MACC Act used against her infringes her right to a fair trial and therefore infringes Articles 5 and 8 of the Federal Constitution as unconstitutional and void.
Na'imah also sought to have the criminal proceedings against her at the Sessions Court to be stayed and other reliefs deemed fit by the court.
A check on the court's e-filing system showed that the application has been fixed for case management on March 22.
On Jan 23, Na'imah claimed trial at the Sessions Court here to a charge under the MACC Act.
According to the charge sheet, Na'imah had intentionally given a written statement under oath that did not comply with the terms of notice under Section 36(1) (b) of the MACC Act 2009.
The 67-year-old allegedly did not declare assets as stated in Appendix A, which includes two companies: Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd, two Mercedes-Benz cars and eight properties.
The properties are Menara Ilham in Jalan Binjai, a house in Persiaran Bukit Tunku, four lots in Bukit Tunku, one lot in Penang and a house in Taman Tun Dr Ismail.
She was charged under Section 36(2) of the MACC Act 2009 and faces imprisonment of up to five years and a fine not exceeding RM100,000.
