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THE future of the criminal proceedings against Toh Puan Na'imah Abdul Khalid could hinge on a Federal Court ruling after the apex court fixed October 8 to hear two constitutional questions challenging the legality of provisions under the Malaysian Anti-Corruption Commission (MACC) Act 2009 used in her prosecution.
The constitutional reference centres on whether Sections 30(5) and 36(2) of the MACC Act violate fundamental rights guaranteed under the Federal Constitution, including the protection against self-incrimination, the right to remain silent, the presumption of innocence and the right to a fair trial.
A ruling in Na'imah's favour could have significant implications for the charge she faces for allegedly failing to comply with a notice requiring her to declare her assets.
The matter was mentioned before the Sessions Court on Thursday, where Na'imah's counsel, Izan Ahmi, informed Judge Azrul Darus that the Federal Court would hear the constitutional questions on October 8.
He requested a further mention date after the Federal Court proceedings and sought an exemption for Na'imah from attending today's proceedings.
Deputy Public Prosecutors P. Rubini and Fatim Farhanah, appearing for the MACC, confirmed the hearing date.
According to Oriental Daily News, Judge Azrul subsequently fixed October 15 for case management to enable both parties to update the court on the outcome of the Federal Court proceedings before any further action is taken in the criminal case.
Na'imah first applied on Feb 29, 2024, 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, the High Court allowed two of the proposed constitutional questions to be referred to the Federal Court for determination.
The first question asks whether Sections 30(5) and 36(2) of the MACC Act are inconsistent with Articles 5 and 8 of the Federal Constitution by infringing constitutional protections against self-incrimination, compelling a person to provide potentially incriminating evidence, undermining the right to remain silent, the presumption of innocence and the right to a fair trial.
The second question seeks to determine whether the same provisions satisfy the "three-stage proportionality test" required under Article 8 of the Federal Constitution.
Na'imah was charged in the Sessions Court on Jan 23, 2024, with failing to comply with a notice to declare her assets, including Menara Ilham and several 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 up to RM100,000, or both, upon conviction. - July 30, 2026
