The prosecution has requested that Toh Puan Na’imah Abdul Khalid’s appeal to refer eight legal questions to the Federal Court be heard by a different High Court judge, citing administrative delays in the current court handling the case.
THE prosecution has requested that Toh Puan Na’imah Abdul Khalid’s application to refer eight legal questions concerning charges of failing to declare assets be heard by another High Court judge.
Deputy Public Prosecutor Mohd Fadhly Mohd Zamry informed Sessions Court Judge Azura Alwi that the request was made during a case mention before Deputy Registrar of the High Court Nur Liyana Mohd Sulaiman on Monday.
"Our application for the legal questions to be referred to the Federal Court to be heard by another High Court judge is aimed at expediting the hearing of the application.
"The Deputy Registrar informed us that the High Court Criminal 2 judge has not yet been replaced, as Judge K. Muniandy has been appointed to the Court of Appeal," he said.
The court has fixed 21 November as the next mention date to determine whether the hearing on referring the legal questions will remain at High Court Criminal Division 2 or be transferred to another court.
In this regard, Mohd Fadhly also requested that the mention for Na’imah’s charges of failing to declare assets at the Sessions Court be scheduled on the same date, a request permitted by Judge Azura.
On 21 August, Justice Muniandy had allowed Na’imah’s application after finding that the legal questions raised were not frivolous or an abuse of court process, as previously ruled by the Sessions Court.
Na’imah filed the application to refer legal questions under Sections 30(5), 36(2) and 62 of the Malaysian Anti-Corruption Commission (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, on 29 February 2024.
However, on 18 February, Judge Azura dismissed the application, stating that it lacked merit as no constitutional issues were raised in the case.
On 23 January 2024, Na’imah, widow of the late Finance Minister Tun Daim Zainuddin, was charged at the Sessions Court for failing to comply with notices to declare her assets, including Menara Ilham and several other properties in Kuala Lumpur and Penang.
She is charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years’ imprisonment or a fine of RM100,000 if convicted. - November 10, 2025
