Day in court: Daim’s wife Toh Puan Na’imah Abdul Khalid arriving at the Kuala Lumpur Court Complex. (Inset) Daim is n trial over his alleged failure to declare his assets. — Bernama
KUALA LUMPUR: Former finance minister Tun Daim Zainuddin should undergo a mental evaluation to assess whether he can stand trial, the Sessions Court has been told.
During case mention yesterday, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said the court could direct the accused to be sent for a mental evaluation at a government hospital.
The prosecution made the application under Section 342 of the Criminal Procedure Code 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 has since been exempted from subsequent proceedings.
Wan Shaharuddin said there was a medical report from Assunta Hospital which stated that Daim had multiple strokes that caused haemorrhagic infarct since January, leading to the prosecution questioning Daim’s capability to make his defence.
“We are in doubt whether Daim can take or give proper instructions to his lawyers during the trial,” he told Sessions Court judge Azura Alwi.
Daim’s lawyer Nizamuddin Abdul Hamid objected to the application, saying his client suffered physical ailments and not a mental one that would affect his comprehension or 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.
On Jan 29, Daim was charged at the Sessions Court over his alleged failure to declare his assets.
According to the charge sheet, he 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 plots of land 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.
