Dismissal of Na'imah's application a miscarriage of justice, court told
KUALA LUMPUR: The Sessions Court's dismissal of Toh Puan Na'imah Abdul Khalid's application to refer questions of law to the High Court was a miscarriage of justice, the High Court here heard.
Counsel Datuk Dr Gurdial Singh Nijar, representing Na'imah, submitted that the dismissal had denied his client clarity on her legal position and should be rectified by the High Court to uphold the integrity of the judicial process.
Gurdial was submitting on Friday (June 13) in Na'imah's application for revision over the Sessions Court's dismissal of her application to refer eight questions regarding the validity of charges she is facing for allegedly failing to declare her assets to the Malaysian Anti-Corruption Commission (MACC).
ALSO READ: Daim's wife claims trial over failure to declare assets
In his submission, Gurdial said the present charge against Na'imah is an offence that was "purely technical" and likely made "in retaliation" by the MACC.
He said Na'imah, who was never a co-suspect, was asked to assist in the investigation against her late husband, Tun Daim Zainuddin, as a witness.
Na'imah was issued with a Section 36(1)(b) notice by the MACC, requiring her to disclose information in respect of assets to the best of her ability, and she had complied with it, he added.
"Notwithstanding this, the MACC took the view that her compliance was insufficient... insufficient perhaps for them to formulate a charge against the late Daim for any criminal offence.
"Perhaps in retaliation, the MACC commenced the present charge against the applicant," he said.
Gurdial said the dismissal by the Sessions Court showed a clear misconception in law and procedure when the judge made certain findings that misconstrued the true nature of the charge against Na'imah.
ALSO READ: Na'imah fails bid to refer questions of law to High Court
"In this case, the Sessions Court's dismissal of the application deprived the applicant of this fundamental right, thereby failing to ensure that the legal questions, which are central to the case, were properly addressed," he added.
Justice K. Muniandy fixed July 11 for parties to continue their submission.
On Jan 23 last year, Na'imah was charged in the Sessions Court for failure to comply with a notice to declare her assets, which included Menara Ilham and several other properties in Kuala Lumpur and Penang.
She was charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years' imprisonment or a fine of RM100,000 upon conviction.
On Feb 29 the same year, Na'imah applied to refer questions of law on Sections 30(5), 36(2) and 62 of the MACC Act, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 to the High Court.
On Feb 18, the application was dismissed by the Sessions Court on grounds that the application lacked merit, as there were no constitutional issues raised in the case.
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