No bias risk, same judge to hear Daim and wife's cases

A Kuala Lumpur High Court judge ruled that there is no real danger of bias to preside over Daim Zainuddin and his wife Na’imah Abdul Khalid’s asset disclosure cases.

Judge Azura Alwi made the assessment today when she dismissed the former finance minister's bid for her to withdraw from hearing his case.

"The court finds the applicant failed to cross the threshold of the real danger of bias test.

"The court finds no basis to show that the court would be clouded in judging the case or be objective over the case of the applicant (Daim) and his wife.

"This court is able to evaluate all testimony and interlocutory applications professionally. As an officer of the court, the judge has experience in determining the admissibility of testimonies and all adjudications involving the applicant and his wife," said the criminal court judge.

Today was set for a decision on Daim's application for Azura to recuse herself on alleged grounds that the judge sitting over both the businessperson and Na'imah's case could lead to bias.

The prosecution previously contended however that Azura would be able to fairly hear both asset disclosure cases as there would be separate trials rather than joint hearings.

Prosecutors countered that a fair trial is assured as Daim and Na'imah's cases are based on differing facts and circumstances.

Their charges

Daim and Na'imah are facing charges for alleged failure to abide by MACC notices for the couple to disclose their assets.

Daim, 85, was accused of failing to disclose assets encompassing 38 firms, 25 pieces of land and property, seven luxury vehicles, and two investment fund accounts.

Na'imah, 66, was accused of failing to disclose assets involving multiple lands, properties, and luxury vehicles.

The duo was charged separately before the Sessions Court between Jan 23 and 29 under Section 36(2) of the MACC Act 2009.

Accused of committing the offence between Dec 13 and 14 last year, the couple may be jailed for up to five years and fined up to RM100,000.

Daim was released on RM280,000 bail, while Na'imah is out on RM250,000 bail.

Counsel Nizamuddin Abdul Hamid represented the couple while deputy public prosecutor Wan Shaharuddin Wan Ladin prosecuted.

Prosecution wants Daim to undergo mental evaluation

Daim's wife challenges RM313m tax assessment

We followed the law on Daim’s son, says MACC

Court allows Daim's wife to get passport temporarily for Shanghai work trip

Fair trial assured for Daim and wife, says prosecutor

Asset disclosure: Daim seeks MACC's report against him