KUALA LUMPUR: Tun Daim Zainuddin's wife, Toh Puan Na'imah Khalid, has filed a reference application for the High Court to determine the validity of the charge against her under the Malaysian Anti-Corruption Commission Act (MACC).
The 67-year-old pleaded not guilty to a charge under Section 36(2) of the act for failing to declare her assets under the MACC at the Sessions Court in January.
She filed the notice of motion under Section 30(1) of the Courts of Judicature Act through Messrs Raj & Sach on Feb 29.
The notice of motion asked the Sessions Court to make an order to refer to the High Court under Section 30(1) of the Courts of Judicature Act 1964 on several questions regarding the effect of provisions of the Federal Constitution.
She had asked the High Court to rule whether Section 30(5) and Section 36(2) of the MACC Act 2009 infringes her right against self-incrimination and her right to not be compelled to produce incriminating evidence to be used in a proceeding against a person.
She sought to know the court's stance on whether the section invoked against her infringes her right to fair trial under articles 5 and 8 of the Federal Constitution and is therefore unconstitutional and void.
Articles 5 and 8 guarantees the liberty of a person and equality, respectively.
Na'imah sought for the proceedings relating to her charge in the Sessions Court to be stayed pending the disposal of the case, as well as other orders or relief deemed fit by the Sessions Court.
March 22 has been fixed for case management.
Na'imah pleaded not guilty before Sessions judge Azura Alwi for allegedly failing to comply with an MACC notice to declare her assets such as:
*Companies — Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd;
*Luxury vehicles — Mercedes Benz EQC400 and Mercedes Benz 500SL;
*Properties — Menara Ilham, official residence in Bukit Tunku, four freehold pieces of land and buildings near Bukit Tunku as well as freehold land and building near Jalan Anthinahapan and Jalan Cantoment Road in Penang.
The offence carries a maximum five years' imprisonment and RM100,000 fine upon conviction.
The court set RM250,000 bail with one surety and ordered for her passport to be surrendered to the court.