Naimah Seeks To Adjourn March 12 Revision Application Hearing Prosecution To Object

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On Jan 23 last year, Naimah Khalid claimed trial at the sessions court to a charge of failing to comply with the terms of an asset declaration notice under the MACC Act 2009. (Bernama pic)
KUALA LUMPUR: The High Court here has fixed March 12 to hear a revision application by Naimah Khalid, who wants the court to exercise its power to review a lower court’s refusal to refer questions of law about a charge brought against her.

However, Raj & Sach, the solicitors representing the widow of former finance minister
Daim Zainuddin, sent a letter to Justice K Muniandy’s secretary yesterday to fix a date for case management only after March 18, as their lawyers will be engaged elsewhere next week.
In the letter sighted by FMT, they said counsel Rajesh Nagarajan and Sachpreetraj Singh Sohanpal, from Naimah’s legal team, would be involved in a trial at the High Court in Kota Bharu, Kelantan, on March 12.
They said the trial dates for that case could not be postponed.
Lawyers Gurdial Singh Nijar and Abraham Au, who will also be conducting the case, are also involved in another revision application on March 12.
“The March 12 hearing comes at too short notice. We are also unable to make the necessary preparations for the revision application,” they said.
The Malaysian Anti-Corruption Commission’s legal and prosecution division director, Wan Shaharuddin Wan Ladin, said they would object to an adjournment.
“Our deputy public prosecutors have other cases to handle and most of them will be going on leave for Hari Raya Aidilfitri after March 18,” Wan Shaharuddin, who is also a DPP, told FMT.
Naimah filed the revision application, brought under Section 323 of the Criminal Procedure Code, read with Section 35 of the Courts of Judicature Act 1964, on March 5.
The following day, the court informed the parties of the hearing date.
Under Section 323 of the CPC, a High Court judge may call for and examine the records of any proceedings 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).
The court agreed with the prosecution that no referral was necessary as she 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 showing they were drafted to aid in corruption investigations.
She scheduled the trial to run from Nov 19 to 21 and continue from Jan 21 to 23 and Feb 3 to 5 next year
On Jan 23 last year, Naimah, 67, claimed trial at 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. - FMT

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