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LAWYERS for Toh Puan Na’imah Abdul Khalid, widow of the late former Finance Minister Tun Daim Zainuddin, told the Sessions Court that it had erred in rejecting her request to refer key constitutional legal questions to the High Court regarding charges of non-disclosure of assets.
Her counsel, Datuk Dr Gurdial Singh Nijar, argued before Judge K Muniandy on Friday that the lower court had failed to appreciate the significance of the constitutional issues raised, including the right to silence and protection against self-incrimination.
“The applicant has been charged under Section 36(2) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 for allegedly failing to comply with a notice dated 8 November 2023,” said Gurdial.
“There is reason to believe this charge was brought as retaliatory action by the MACC for her non-compliance.”
Gurdial argued that the matter touches on fundamental rights, especially where silence can be used as a basis for criminal conviction.
Deputy Public Prosecutor Law Chin How, representing the MACC, countered that the charges had not resulted in a miscarriage of justice, as the trial had not yet commenced and no witnesses had been called.
“MACC investigations are often hampered because witnesses tend to hide behind their rights and are reluctant to cooperate,” he added.
Judge Muniandy set 12 August for the court’s decision on Na’imah’s application for judicial review.
On 18 February, the Sessions Court had dismissed her earlier application to refer eight questions of law to the High Court, ruling that there were no constitutional issues at stake. That application, filed on 29 February 2024, had involved several provisions of the MACC Act 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001.
Na’imah, 67, was charged on 23 January 2024 for failing to declare her assets, including ownership of the iconic Ilham Tower in Kuala Lumpur and several properties in Penang.
If convicted under Section 36(2) of the MACC Act 2009, she faces up to five years in prison or a fine of RM100,000.
In a related development, the MACC confirmed that it recorded statements from Na’imah and her son Muhammed Amir Zainuddin Daim on 14 June concerning the alleged undeclared ownership of extraordinary assets. The agency also plans to question her second son, Muhammed Amin Zainuddin Daim, who is currently in the United Kingdom.
“All three are principal shareholders in Ilham Baru Sdn Bhd, which owns the majority stake in Ilham Tower Sdn Bhd, and are identified as the beneficial owners of Menara Ilham,” the commission said in a statement.
The MACC added that asset declaration notices were served beginning 10 July to 22 individuals identified as close relatives and associates of the late Tun Daim and Na’imah, in accordance with Section 36(1) of the MACC Act 2009.
“These actions form part of our broader mandate to prevent corruption, abuse of power, and mismanagement of national wealth,” the commission said, stressing that its investigations are being conducted “independently, transparently and in accordance with the law, without political interference.” - July 11, 2025