Prosecution drops appeal in Na'imah's constitutional challenge

The prosecution told the High Court this morning that it will withdraw its appeal against a ruling in August, which found Na’imah Khalid’s constitutional questions required reference to the Federal Court.

The widow of the late Daim Zainuddin is challenging provisions in the MACC Act 2009, claiming they violate her constitutional rights, in connection with charges over allegedly undisclosed assets.

Deputy public prosecutor Wan Shaharuddin Wan Ladin today informed judge K Muniandy that, with this undertaking, the prosecution is retracting its application to postpone proceedings before the court.

The stay-of-proceedings application, filed on Sept 10, had sought to delay the court from forming constitutional questions on the legality of Na’imah’s MACC charges for the apex court’s reference, pending the prosecution’s appeal in the appellate court.

“Parties have agreed for the case to (continue) being heard in this court, and we pray for the court to fix a date for case mention, as well as to move the proceeding to be heard before a different judge,” said Wan Shaharuddin.

Na’imah’s lawyer, Gurdial Singh Nijar, confirmed the agreement to the court. The judge then set Nov 10 for case mention.

Deputy public prosecutor Fadhly Zamry told Malaysiakini that the prosecution had filed an application on Sept 29 to have the matter heard before a different judge.

“There were several reasons backing our application, including due to some constraint of time as the judge will be elevated to the Court of Appeal soon.”

Na’imah’s legal challenge

Na’imah, 68, was allowed to challenge several provisions under the MACC Act 2009 after Muniandy allowed her appeal on Aug 21, following the Sessions Court’s dismissal of her application.

In his judgment, Muniandy said the questions raised were neither frivolous nor an abuse of court process, as they represented an important challenge to the law.

Among the provisions challenged are Sections 36(2) and 30(5) of the MACC Act. Na’imah argued that these sections create a total prohibition on her personal rights under Article 5(1) of the Federal Constitution.

Her application was first filed at the Sessions Court before Judge Azura Alwi on Feb 29 last year, in connection with criminal charges against her under the MACC Act. The application was dismissed on Feb 18 this year, with the Sessions Court finding no constitutional issues.

Na’imah was charged on Jan 23 last year for allegedly failing to comply with a MACC notice to disclose her assets. She faces charges under Section 36(2) of the MACC Act, which carries a maximum five-year jail term or a RM10,000 fine.

The assets allegedly undisclosed include multiple lands, properties, and Mercedes-Benz vehicles. According to the annexure attached to the charge and read in court, the properties include Ilham Tower in Kuala Lumpur, a house in Bukit Tunku, Kuala Lumpur, and six plots of land - five in Kuala Lumpur and one in Penang.

Also involved are two companies, Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd.

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