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Daim’s wife challenges validity of MACC charge on assets
Published on: Tuesday, March 05, 2024
By: FMT
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Daim’s wife challenges validity of MACC charge on assets
Naimah Khalid has been charged with failing to comply with the terms of an asset declaration notice under the Malaysian Anti-Corruption Commission. (Bernama pic)
Kuala Lumpur: Daim Zainuddin’s wife, Naimah Khalid, wants the High Court to determine the validity of the offence with which she has been charged, according to a court filing.

Naimah, on Jan 23, claimed trial before the sessions court to a charge of failing to comply with the terms of an asset declaration notice under the Malaysian Anti-Corruption Commission (MACC).

The charge was framed under Section 36(2) of the MACC Act 2009.

Naimah was accused of failing to declare her ownership of companies, several plots of land here and in Penang, as well as two vehicles.

If convicted, she is liable for a jail term of up to five years and a fine of not more than RM100,000.

In her reference application, Naimah asked the High Court to rule on whether Section 36(2) of the MACC Act infringes her right against self-incrimination and her right not to be compelled to produce incriminating evidence in proceedings against any person.

She is also seeking the court’s determination on whether the impugned section breaches her right to a fair trial and other constitutional rights.

When questioned by the anti-graft agency a few weeks before she was charged, Naimah claimed she had the right to “refuse to furnish or disclose information” on the grounds that it might incriminate her.

The court has fixed March 22 for case management.

Daim, a former finance minister, also claimed trial to a charge under Section 36(2).

He is accused of failing to declare his ownership of 38 companies, 19 plots of land in Selangor, Negeri Sembilan, Pahang, Kedah and Kuala Lumpur, as well as six properties.

Daim is also alleged to have failed to declare his ownership of Amanah Saham Nasional Bhd and Amanah Saham Nasional accounts as well as seven luxury vehicles.

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