THE widow of former Finance Minister, the late Tun Daim Zainuddin, was successful in her application to refer eight legal questions regarding the asset declaration charges she faced to the Federal Court.
High Court Judge K Muniandy made the ruling after allowing the application by Toh Puan Na’imah Abdul Khalid to overturn the Sessions Court’s decision which had previously dismissed the matter.
Reading out the decision, the judge said that Na’imah, 68,’s review application was not trivial, but rather contained important questions that needed to be clarified by the court.
According to him, it was also not an abuse of court process but a significant challenge in the law by applying the latest legal principles.
On February 18, the Sessions Court rejected Na'imah's application to refer the legal question regarding the validity of the charge of failing to declare her assets to the High Court.
Judge Azura Alwi ruled so after finding that the application lacked merit as no constitutional issues arose in the case.
On February 29, 2024, Na’imah filed an application to refer legal questions involving Section 30(5), Section 36(2) and Section 62 of the MACC Act 2009 and Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 to the High Court.
On January 23 last year, Na’imah was charged with failing to comply with a notice to declare her assets including Menara Ilham and several other assets around Kuala Lumpur and Penang.
The charge was brought under Section 36(2) of the MACC Act 2009 which carries a maximum prison sentence of five years or a fine of RM100,000, if convicted.
In an immediate statement to the press, Na'imah welcomed the court's decision and said the outcome is bigger than any individual case.
"It's about protecting fundamental liberties guaranteed under our Federal Constitution, including the right to silence, the right against self-incrimination and the right to a fair trial.
"No one is above the Constitution and no one is beneath its protection," she said, adding that she would continue to defend her case with full respect for the law. - August 21, 2025
