On Jan 23, Na'imah, 66, pleaded not guilty at the Sessions Court here to the charge of failing to declare her assets, which include Menara Ilham and several properties in the federal capital and Penang.
Last Thursday, Na'imah filed a notice of motion under Section 30(1) of the Courts of Judicature Act 1964, requesting the Sessions Court refer to the High Court questions regarding the effect of provisions of the Federal Constitution.
The questions include whether sections 30(5) and 36(2) of the MACC Act 2009 (the charge section against her) violate a person's right to be protected from involvement in an offence and the right not to be compelled to give evidence in an offence which will be used in a proceeding against oneself and/or the rights to a fair trial.
She also wants the court to determine whether Section 36(2) of the MACC Act 2009 infringes Articles 5 and 8 of the Federal Constitution and is unconstitutional and void.
Na'imah also requested that the proceedings in the Sessions Court regarding the charge against her be stayed until the application is heard and decided, and any other orders and/or reliefs deemed fit by the court.
According to the charge sheet, Na'imah was charged with not declaring her assets by deliberately giving a written statement under oath that did not comply with the terms of a notice, dated Nov 8, 2023, sent to her by an officer from the MACC with the rank of Commissioner on Nov 1, 2023.
The properties are Menara Ilham, two companies, namely Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd, two luxury cars, both Mercedes Benz, a house in Persiaran Bukit Tunku, four lots of land in Bukit Tunku and one lot each in Penang and Taman Tun Dr Ismail, here.
Na'imah was charged under Section 36(2) of the MACC Act 2009 with committing the offence at the MACC Headquarters, Putrajaya, on Dec 13, 2023.
She faces imprisonment for up to five years and a maximum fine of RM100,000, if convicted.
--BERNAMA
