KUALA LUMPUR: The prosecution has objected to an application by Toh Puan Na’imah Abdul Khalid to challenge the validity of the charge against her under the Malaysian Anti-Corruption Commission (MACC) Act.
The prosecution said there was no necessity for the Sessions Court to refer the constitutionality of Na’imah’s charge to the High Court as the application has no merit.
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“The issue brought by Na’imah is not a constitutional matter and it does not violate any Articles in the Federal Constitution,” deputy public prosecutor Maziah Mohaide said in an affidavit-in-reply to claims made by Na’imah, 67, in her application.
“The right of an individual to a privilege against self-incrimination is not an absolute right under the law nor is it guaranteed under the Constitution,” she stated.
According to Maziah, Section 36 of the MACC Act 2009 is a provision that gives power to the MACC officer to obtain information for the purpose of investigation.
“This provision does not violate Article 5 of the Federal Constitution because when the applicant was given a notice under Section 36, she was not arrested nor detained. Therefore, to say there is a violation of Article 5 before trial is premature.
“The provision also did not violate Article 8 of the Federal Constitution because Section 36 is not only applicable to the applicant, it is also applicable to everyone else who is served with the same notice under this provision, whereby they would be facing the same procedure without discrimination,” she added.
Maziah said that Na’imah was treated equally before the law and there was no discrimination in the context of Article 8 when she was ordered to adhere to the notice under Section 36.
“MACC officers would have acted the same if there were other people investigated under the MACC Act 2009,” she said.
Article 5 of the Constitution provides for personal liberty while Article 8 touches on equality before the law.
During case mention yesterday, Sessions Court judge Azura Alwi fixed May 21 to hear an application filed by Na’imah.
The court also fixed May 9 for mention of a similar application filed by her husband Tun Daim Zainuddin on March 15.
DPPs Datuk Wan Shaharuddin Wan Ladin and Mohamad Fadhly Mohd Zamry appeared for the prosecution while Daim and Na’imah were represented by lawyer M. Puravalen.
On Jan 23, Na’imah was charged with intentionally giving a written statement under oath that did not comply with the terms of notice under Section 36(1) (b) of the MACC Act 2009, whereby Na’imah did not declare some of her assets.
The assets listed are two companies - Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd; two luxury cars - Mercedes Benz EQC400 and Mercedes Benz 500 SL Auto and eight properties - Menara Ilham in Jalan Binjai, a house in Persiaran Bukit Tunku, four land lots in Bukit Tunku, one lot in Penang and a house in Taman Tun Dr Ismail.
She is 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, if convicted.
On Jan 29, Daim claimed trial to a similar charge over his alleged failure to declare his assets.
His charge was similar to what was faced by his wife but the listed assets ran six times longer.
Daim’s assets included a bank account, seven luxury cars, 38 companies and 25 lands and properties spread across Kuala Lumpur, Negri Sembilan, Pahang and Perak.
