Asset Disclosure Prosecution Objects To Daim S Wife S Referral Bid

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The prosecution has objected to a bid by former finance minister Daim Zainuddin's wife to challenge the validity of a self-incrimination law linked to her asset disclosure case.
The prosecution earlier filed an affidavit to object against Na'imah Abdul Khalid's application for the Kuala Lumpur Sessions Court to refer to the Kuala Lumpur High Court the issue of whether Section 36(2) of the MACC Act 2009 violated the accused's fundamental right against self-incrimination.
According to a copy of the affidavit, deputy public prosecutor Maziah Mohaide contended that there is no merit in Na'imah's referral application, due to the said provision not contravening the accused's fundamental right to personal liberty.
"A person's privilege against self-incrimination is not an absolute right under the law and is not a right enshrined under the Federal Constitution," Maziah said.
The DPP further contended that Section 36(2) does not go against the fundamental right to personal liberty as Na'imah was not detained or arrested when she was served the MACC notice to disclose her assets.
"Therefore, the issue of whether there had been a violation of Article 5 of the Federal Constitution (right to personal liberty) before trial is premature," Maziah said.
The Kuala Lumpur Sessions Court has set May 21 to hear Na'imah's referral application.
Claiming trial
The 66-year-old wants the High Court to determine whether the provision infringes on her constitutional right against being compelled to produce incriminating evidence that could be used against her and her right to a fair trial.
She is also looking for a stay order over the pending asset disclosure criminal case before the Sessions Court, pending disposal of the reference bid.
On Jan 23 before the Sessions Court, Na’imah claimed trial for failing to abide by a MACC notice to disclose her assets.
She allegedly gave a sworn written statement that did not comply with the MACC notice under Section 36(1) of the MACC Act.
Accused of committing the offence between Dec 13 and 14 last year, she may be jailed for up to five years and fined up to RM100,000.
The assets she allegedly did not disclose involved multiple lands, properties, and Mercedes-Benz vehicles.
According to the annexure attached to the charge and read out in court, among the eight properties are Ilham Tower in Kuala Lumpur, a house in Bukit Tunku, as well as six plots of land - five in Kuala Lumpur and one in Penang.
The non-disclosure also involved two companies - Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd.
Na'imah is currently out on RM250,000 bail in one surety, with her international passport currently impounded by the lower court as part of bail terms. - Mkini

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