The High Court has been told that the decision by the Sessions Court to dismiss Toh Puan Na’imah Abdul Khalid’s bid for a legal referral represents a serious miscarriage of justice, as it denied her clarity on the foundation of the charge brought against her under the Malaysian Anti-Corruption Commission (MACC) Act.
Datuk Dr Gurdial Singh Nijar, representing Na’imah—widow of the late former finance minister Tun Daim Zainuddin—argued that the rejection deprived his client of the opportunity to fully understand the legal reasoning behind the charge and failed to properly address key legal questions.
Na’imah had sought a judicial revision after the Sessions Court refused her request to refer eight legal questions to the High Court. These questions pertained to the legitimacy of a charge under Section 36(2) of the MACC Act 2009, which concerns failure to declare assets. Among the undeclared assets listed were Menara Ilham and other properties in Kuala Lumpur and Penang. The section cited carries a potential penalty of up to five years’ imprisonment or a fine of RM100,000.
Gurdial described the charge as overly technical and suggested it may have been retaliatory. He pointed out that Na’imah was never treated as a suspect during earlier investigations but had provided assistance as a witness under Section 36(1)(b) of the MACC Act, which obliges individuals to disclose information on their assets truthfully and to the best of their knowledge.
Despite her cooperation, the MACC had allegedly found her disclosures lacking, possibly due to the absence of sufficient evidence to charge her late husband. This, according to Gurdial, might have prompted the current legal action against her instead.
He further contended that the Sessions Court had erred by refusing the referral on the grounds that the case did not involve constitutional matters, thus overlooking the substantive legal issues involved. Na’imah’s original application, filed on February 29, 2023, also sought interpretation of various sections within the MACC Act and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
Justice K. Muniandy has fixed July 11 for the continuation of the case, where further arguments are expected to be presented regarding the alleged procedural and legal missteps.
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