KUALA LUMPUR: The Sessions Court was told that former finance minister Tun Daim Zainuddin should undergo a mental evaluation to assess whether he could stand trial.
During case mention here on Tuesday (Aug 27), Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said the court could direct the accused to be sent for a mental evaluation at government hospitals.
The prosecution made the application under Section 342 of the Criminal Procedure Code (CPC) due to the defence often asking the court to exempt Daim from attending his court proceedings.
According to the prosecutor, Daim only appeared before the court once when he was charged on Jan 29 and he had since been exempted from subsequent proceedings.
DPP Wan Shaharuddin said there was a medical report from Assunta Hospital, which stated that Daim had multiple strokes which caused haemorrhagic infarct since January, rendering to the prosecution to question Daim's capability to make his defence.
"We are in doubt whether Daim could take or give proper instructions to his lawyers during the trial," he said to Sessions Court judge Azura Alwi.
Daim's lawyer Nizamuddin Abdul Hamid objected to the application.
He said that his client suffered physical ailments and not a mental one that would affect his comprehension and ability to understand the charge.
"I think we need to take a step back and appreciate the fact that despite being accused, he (Daim) was a statesman.
"When the prosecution decides to charge an 86-year-old person, naturally it would come with health factors affecting the accused person," Nizamuddin said.
Azura then fixed Oct 17 for decision on the prosecution's application to submit Daim to a mental evaluation.
At the same time, the Sessions Court also dismissed Daim's application to transfer his case to be heard before a different judge.
Azura said Daim failed to pass the threshold in proving that there would be a real danger of bias or clouded judgment if his wife, Toh Puan Na'imah Abdul Khalid, was charged in the same court.
In her decision, Azura said she was able to deliberate on testimonies presented in court and interlocutory applications professionally as a trained and experienced judicial officer.
On May 7, Daim filed the application to transfer his case 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 his 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 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 the MACC headquarters in Putrajaya on Dec 13, 2023.
Under Section 36(2) of the MACC Act 2009, 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.
