FORMER finance minister Tun Daim Zainuddin accompanied by his wife Toh Puan Na’imah Abdul Khalid, is contesting the validity of a provision under which they face an asset-disclosure charge.
Their legal counsel Rajesh Nagarajan confirmed the filing of an application in the Kuala Lumpur Sessions Court to refer the issue of whether Section 36(2) of the MACC Act 2009 violates Daim’s fundamental right against self-incrimination to the High Court.
“The application will be heard in the Kuala Lumpur Sessions Court tomorrow,” Malaysiakini quoted the lawyer as saying.
Daim, aged 85, seeks the High Court’s determination on whether the provision infringes upon his constitutional rights particularly his right against being compelled to produce incriminating evidence and his right to a fair trial.
Simultaneously, he aims to suspend the asset disclosure criminal case before the Sessions Court until the reference bid is resolved.
On Jan 29, before the Sessions Court, Daim pleaded not guilty to the charge of failing to comply with a MACC notice to disclose his assets, which include 38 firms, 25 pieces of land and property, seven luxury vehicles and two investment fund accounts.
He allegedly provided a sworn written statement that did not adhere to the MACC notice under Section 36(1) of the MACC Act.
The offence is purported to have occurred between Dec 13 and 14 last year, with a potential penalty of up to five years’ imprisonment and a fine of up to RM100,000.
Sessions Court judge Azura Alwi granted bail at RM280,000 with one surety and scheduled March 22 for mention of the case. – March 21, 2024
Main photo credit: Bernama
