Malaysia

Prosecution appeals High Court’s nod to asset declaration legal review in Na’imah case

Bid to suspend proceedings pending Court of Appeal’s decision as case raises questions of public interest and statutory interpretation

Updated 10 months ago · Published on 23 Sep 2025 2:23PM

Prosecution appeals High Court’s nod to asset declaration legal review in Na’imah case
“This appeal concerns issues of public interest and raises special circumstances that justify a stay or suspension of the proceedings,” Prosecution says - September 23, 2025

PROSECUTORS have filed an appeal against a High Court decision allowing Toh Puan Na’imah Abdul Khalid to refer eight legal questions to the Federal Court in her ongoing case involving failure to declare assets under the Malaysian Anti-Corruption Commission (MACC) Act.

Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin told the High Court today that the notice of appeal was filed on 27 August. The prosecution is also seeking a stay of proceedings on formulating the legal questions, pending the Court of Appeal’s decision.

“This appeal concerns issues of public interest and raises special circumstances that justify a stay or suspension of the proceedings,” said the prosecution in its filing, requesting that the stay application be heard urgently in line with a certificate of urgency.

High Court judge K Muniandy had earlier granted Na’imah’s application to refer legal questions under Sections 30(2) and 84 of the Courts of Judicature Act 1964, ruling that her application was not an abuse of court process but “a genuine and important constitutional challenge within the framework of existing legal principles.”

Na’imah’s legal team, led by Datuk Dr Gurdial Singh Nijar, objected to delaying the hearing of the stay application, arguing that it only involves points of law and not contested facts. Nonetheless, the court fixed 8 October to hear the stay application before addressing the substance of the proposed Federal Court reference.

According to the charge, Na’imah, 68, is accused of failing to declare several assets — including two Mercedes-Benz vehicles, stakes in two companies (Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd), and eight properties in Kuala Lumpur and Penang — in response to a notice issued under Section 36(1)(b) of the MACC Act 2009. The offence allegedly took place on 13 December 2023 at the MACC headquarters in Putrajaya.

If convicted under Section 36(2) of the MACC Act, she faces up to five years’ imprisonment and a fine not exceeding RM100,000.

In its appeal, the prosecution argues that if the Court of Appeal reverses the High Court’s ruling, the Sessions Court’s earlier decision — which denied Na’imah’s request to refer legal questions — would be reinstated, rendering the current Federal Court referral process unnecessary.

Na’imah’s application to the High Court includes a request to examine and review the record of proceedings in the Sessions Court for accuracy, legality and propriety before referring it to the Federal Court.

The ongoing proceedings form part of a high-profile case testing the limits of statutory obligations under anti-corruption law, with implications for how asset declaration provisions are interpreted and enforced. - September 23, 2025

Spotlight

Malaysia

Sarawak schools told to halt outdoor activities as haze pushes air quality into unhealthy range

World

Indonesia haze forces schools to close as wildfires intensify amid severe dry season

Malaysia

PN walkout over Tabung Haji debate a political misstep, says analyst

By Alfian Z.M. Tahir

Malaysia

51 witnesses to testify at inquest into death of 10-year-old boy found unconscious in school toilet

Malaysia

Female student arrested for allegedly hurting classmate with kerambit at school

World

Colombia quake death toll hits 111 as rescue teams race to find survivors

World

Trump secretly switched to third aircraft in Türkiye over Iran assassination threat

Malaysia

Anwar questions PN’s priorities after Tabung Haji RCI walkout

Malaysia

MACC, police probing TH after RCI findings as govt warns no one will be spared

By Alfian Z.M. Tahir

You may be interested

Malaysia

Delivery rider’s birthday gesture leaves young boy smiling (video)

Malaysia

Police investigate case of knife-wielding woman who damaged vehicle (video)

Malaysia

Tabung Haji RCI report takes centre stage at special Dewan sitting tomorrow

Malaysia

DKU moves to join legal challenge over alleged bid to remove Tuanku Muhriz

By Alfian Z.M. Tahir

Malaysia

Sarawak schools told to halt outdoor activities as haze pushes air quality into unhealthy range

Malaysia

Dr Zaliha questions PN’s Tabung Haji RCI walkout, says debate should not be avoided

Malaysia

UPKO entry strengthens Sabah’s political stability, development agenda

Malaysia

Man, 49, found dead in Banting plantation