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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
