Naimah gets leave to refer 2 constitutional questions to apex court

2026-03-04 - 04:14

Naimah Khalid was charged with failing to comply with the terms of an asset declaration notice issued by MACC. (Bernama pic) KUALA LUMPUR: The High Court today granted Naimah Khalid leave to refer two constitutional questions to the Federal Court, challenging provisions used to charge her over alleged non-compliance with an asset declaration notice. Justice Arief Emran Arifin delivered the ruling this morning, allowing two of six questions posed by Naimah to be sent to the apex court for determination. The reference concerns Sections 30(5) and 36(2) of the Malaysian Anti-Corruption Commission (MACC) Act 2009. The first question asks whether the provisions infringe the right against self-incrimination, the right not to be compelled to produce incriminating evidence, the right to remain silent, the presumption of innocence and the right to a fair trial, and thereby violate Articles 5 and 8 of the Federal Constitution. The second question asks whether the same provisions satisfy the three-fold proportionality test under Article 8. In August last year, then presiding judge, Justice K Muniandy, granted Naimah leave to refer several constitutional questions to the Federal Court under Article 128(2) of the Federal Constitution. Muniandy was elevated to the Court of Appeal before the questions were finalised. The matter then came before Arief, and saw Naimah revising her proposed questions from eight to six. The Federal Court’s determination of the two questions may affect whether the charge against Naimah can proceed, lawyer Gurdial Singh Nijar said at a press conference outside the court following the proceedings. Naimah, the widow of former finance minister Daim Zainuddin, claimed trial in the sessions court in January 2024 to a charge of failing to comply with the terms of an asset declaration notice issued by MACC. She filed an application one month later to challenge the validity of the provisions on constitutional grounds. Naimah was also represented by Abraham Au and Nizamuddin Hamid, while deputy public prosecutors Wan Shaharuddin Wan Ladin, Law Chin How and Fadhly Zambry appeared for the prosecution.