Naimah seeks revision of judge’s refusal to refer case to High Court

Naimah seeks revision of judge’s refusal to refer case to High Court

PETALING JAYA: Naimah Khalid, widow of former finance minister Daim Zainuddin, wants the High Court to exercise its power to review a lower court’s refusal to refer questions of law pertaining to the charge brought against her for its determination.

Lawyer Abraham Au said the application, brought under Section 323 of the Criminal Procedure Code (CPC), read with Section 35 of the Courts of Judicature Act 1964, was filed in the Kuala Lumpur High Court earlier today.

Under Section 323 of the CPC, a High Court judge may call for and examine the record of any proceeding in a subordinate criminal court to satisfy himself as to the correctness, legality or propriety of any finding, sentence or order recorded.

The sessions court had on Feb 18 dismissed Naimah’s application as being without merit. Judge Azura Alwi ruled that the case did not involve any constitutional issues.

Naimah had last year applied 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 of Unlawful Activities Act 2001 (Amla).

DISYORKAN UNTUK ANDA :

Pertembungan 2 Kem Pemimpin Tertinggi PAS Semakin Panas

However, the court agreed with the prosecution that no referral was necessary as Naimah was not being prosecuted under Section 32 of Amla. The judge said the application was frivolous, vexatious and an abuse of the court process.

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.

She also scheduled the trial to run from Nov 19-21 this year, and continue on Jan 21-23, and Feb 3-5, 2026.

Naimah, 67, had on Jan 23 last year 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.

She was accused of failing to declare her ownership of companies, several plots of land here and in Penang, as well as two vehicles.