Federal Court to hear constitutional questions on Na'imah's asset declaration case

THE Federal Court has fixed October 8 to hear two constitutional questions that could have a significant bearing on the prosecution of Toh Puan Na'imah Abdul Khalid, who is facing charges of failing to comply with a notice to declare her assets under the Malaysian Anti-Corruption Commission (MACC) Act 2009.

The matter was mentioned before the Sessions Court on Thursday, where Na'imah's counsel, Izan Ahmi, informed Judge Azrul Darus that the apex court had scheduled the hearing.

"We request the court to set a date for the next hearing so that all parties can be informed of the progress of the legal issues, and we also request that the defendant (Na'imah) be exempted from appearing in court," Oriental Daily News reported him saying.

Deputy Public Prosecutors P. Rubini and Fatim Farhanah, appearing for the MACC, confirmed the Federal Court hearing date.

Judge Azrul subsequently fixed October 15 for case management to enable both the prosecution and defence to update the court on the outcome of the constitutional reference before the criminal proceedings continue.

On Feb 29, 2024, Na'imah filed an application seeking to refer constitutional questions involving Sections 30(5), 36(2) and 62 of the MACC Act 2009, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, to the High Court.

On March 4, High Court Judge Datuk Mohd Ariff Abdullah approved the referral of two constitutional questions to the Federal Court.

The first question seeks to determine whether Sections 30(5) and 36(2) of the MACC Act violate constitutional guarantees against self-incrimination, including the right not to be compelled to provide incriminating evidence, the right to remain silent, the presumption of innocence and the right to a fair trial under Articles 5 and 8 of the Federal Constitution.

The second question asks whether the same provisions satisfy the "three-stage proportionality test" required under Article 8 of the Federal Constitution.

The Federal Court's ruling is expected to determine whether the statutory provisions underpinning the charge against Na'imah are constitutionally valid before her criminal trial proceeds.

Na'imah was charged in the Sessions Court on Jan 23, 2024, with failing to comply with a notice requiring her to declare her assets, including Menara Ilham and several other properties in Kuala Lumpur and Penang.

She was charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years' imprisonment, a fine of RM100,000, or both, upon conviction. - July 30, 2026