Naimah Khalid’s bid to refer legal questions to High Court dismissed
Naimah Khalid’s bid to refer legal questions to High Court dismissed
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KUALA LUMPUR: The sessions court here has dismissed Naimah Khalid’s application to refer questions of law to the High Court pertaining to her charge of failing to declare assets.
Naimah had on Feb 29 last year sought to refer questions of law relating to Sections 30(5), 36(2) and 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009; and Section 32 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds from Unlawful Activities Act 2001 (Amla).
Judge Azura Alwi ruled that there was no merit in Naimah’s application as no constitutional issues arose from the case.
She said the court agreed with the prosecution’s argument that the application was frivolous, vexatious and an abuse of the court process as Naimah was not being prosecuted under Section 32 of Amla.
“There is no live issue or direct bearing on the matter of dispute or charge for the consideration of this court,” she said.
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Azura also said Sections 30 and 36 of the MACC Act were investigative provisions, with parliamentary records (Hansard) showing they were drafted to aid in corruption investigations.
“Excerpts from Hansard, which is the official statement of Parliament, clearly show the rationale behind the drafting of legal provisions to combat the crime of corruption, conduct investigations and record the testimony of witnesses, taking into account the peculiarity of corruption cases,” she said.
The court then set nine hearing dates for the case: Nov 19-21, Jan 21-23, 2026, and Feb 3-5, 2026. The case mention is scheduled for May 14.
Deputy public prosecutor Wan Shaharuddin Wan Ladin said the prosecution would call 11 witnesses, including the road transport department, lands and mines office, Companies Commission of Malaysia as well as banks, to testify.
On Jan 23 last year, Naimah, 67, widow of Daim Zainuddin, claimed trial before the sessions court to a charge of failing to comply with the terms of an asset declaration notice under the MACC Act.
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She was accused of failing to declare her ownership of companies, several plots of land here and in Penang, as well as two vehicles.
Naimah Khalid’s bid to refer legal questions to High Court dismissed
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