KUALA LUMPUR: Former finance minister Tun Daim Zainuddin will have ample opportunity to defend himself against the charge of failing to declare his assets when he goes on trial, the Sessions Court heard.
DPP Datuk Wan Shaharuddin Wan Ladin submitted that Daim’s application to transfer the case before a different judge was merely speculative.
“The applicant touched on the possibility of bias as well as clouded judgment when there exists consumption of extraneous information,” he said during submissions on the application here on Friday (Aug 9).
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The prosecution contended that the cases of Daim and his wife Toh Puan Na’imah Abdul Khalid were two different matters and this was acknowledged by the applicant and Na’imah.
“The applicant will be given the full opportunity to defend himself,” Wan Shaharuddin said.
His colleague Mohamad Fadhly Mohd Zamry submitted that the court was presided over by a professional judge who was trained to be impartial.
“This application, which is a contempt of the court’s fairness, should be dismissed,” Mohamad Fadhly said.
Daim's lawyer M. Puravalen argued that if his client and Na’imah’s cases were heard by the same judge, it would raise issues on reliability and credibility of the witnesses as well as the burden of proof.
"Both the applicant and his wife could be compelled to give evidence at each other's trial if it is found by the judge to be relevant unless it falls under any one of the exceptions of the Evidence Act.
"Due to the unique setting before the judge (Azura Alwi), she will have to not only question the reliability and credibility of each (piece of) evidence given in court in the course of both trials but will also have to (make) rulings on the weight and credibility of the evidence during the course of (proceedings)," he said.
Azura then fixed Aug 27 for the decision on Daim’s application.
ALSO READ: Daim applies for prosecution to produce MACC report against him
On May 7, Daim applied to have his case heard before a different judge on grounds of possible partiality and prejudice against him as his wife’s case is also being heard before the same judge.
On Jan 29, Daim was charged at the Sessions Court over alleged failure to declare his assets.
According to the charge sheet, Daim had intentionally given a written statement under oath that did not comply with the terms of notice under Section 36(1) (b) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, whereby he did not declare assets as stated in Appendix A (which included a bank account, seven luxury cars, 38 companies and 25 lands and properties spread across Kuala Lumpur, Negri Sembilan, Pahang and Perak.)
He allegedly committed the offence at MACC headquarters in Putrajaya on Dec 13 last year.
Under Section 36(2) of the Act, Daim faces imprisonment of up to five years and a fine not exceeding RM100,000, if convicted.
Na’imah was charged on Jan 23 on a similar charge of failing to comply with MACC’s notice by failing to declare her assets in Kuala Lumpur and Penang.
