KUALA LUMPUR (Jan 23): Former finance minister Tun Daim Zainuddin's wife, Toh Puan Na'imah Abdul Khalid, has been charged with not declaring her assets, including cars and properties, to the Malaysian Anti-Corruption Commission (MACC).

Na'imah, who turns 67 this year, was charged on Tuesday for failing to comply with terms of a notice to declare her assets in her statement to the graft busters in December last year.

Among the 12 assets which she allegedly did not declare include a Mercedes-Benz EQC400 and 500 SL AUTO series, seven properties in Kuala Lumpur and one in Penang, and Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd.

Ilham Tower Sdn Bhd is the owner of Ilham Tower, and the company’s majority shares are owned by Ilham Baru, which in turn is fully owned by Daim’s wife and two of his children.

The single charge was framed under Section 36(2) of the MACC Act, and carries a punishment of a maximum five-year imprisonment and a fine not exceeding RM100,000.

The charge was read before Sessions Court judge Azura Alwi, where Na'imah, clad in a light green baju kurung, pleaded not guilty and claimed trial in a courtroom filled with about 20 people.

During the proceedings on Tuesday, deputy public prosecutors Ahmad Feisal Mohd Azmi and Mohamad Fadhly Mohd Zamry appeared for the prosecution.

Meanwhile, Na'imah was represented by former solicitor general II Mohd Datuk Mohd Yusof Zainal Abidin, M Puravalen and Alex Tan Chie Sian.

Mohd Yusof, a legal heavyweight, is known for prosecuting the late Tan Sri Eric Chia, a former chairman of Perwaja Steel, and Prime Minister Datuk Seri Anwar Ibrahim in the Sodomy II trial in the High Court more than a decade ago.

The prosecution asked the court to set bail at RM500,000, for Na'imah's passport to be surrendered to the court, and for her to report to the authorities once a month.

Mohd Yusof, however, asked for bail to be set at RM250,000, and argued that the law states that additional bail conditions only apply to certain circumstances.

Arguing that his client is not a flight risk, he said that his client is not going anywhere, and will stay to "fight the case".

In addition, Puravalen argued that as Daim is ill, Na'imah would need her passport to accompany her husband occasionally to seek medical treatment abroad. 

Ahmad Feisal countered that it is fair to impose additional conditions, as the accused in this case is no different than any other accused.

The court then set bail at RM250,000 with one surety. Na'imah has to also surrender her passport.

The court fixed March 22 for case management.

Investigations into the former finance minister and his family made headlines last month, following the graft busters' seizure of Ilham Tower, a 60-storey building said to be owned by Daim. 

The MACC later released a statement saying that it opened an investigation paper in February 2023, based on information from the Pandora Papers, referring to the massive leak of millions of documents in 2021 exposing hidden wealth and tax avoidance of the past and present leaders across the globe.

Daim has denied any wrongdoing, calling the investigations "nothing short of a political witch-hunt" against him and his family.

The husband and wife, along with their four children Asnida, Md Wira Dani, Muhammed Amir Zainuddin and Muhammed Amin Zainuddin, had also filed a judicial review over the seizure of the tower, where they are also seeking a court declaration that the agency had no reasonable cause to investigate them under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Former attorney general Tan Sri Tommy Thomas is representing the plaintiffs in this case, and the High Court has set March 4 to deliver its decision on their leave application.

Na'imah has been vocal in her reaction to the graft busters' investigations against her husband and their family, maintaining that their wealth was a result of legitimate business and investment ventures, going back four decades ago before Daim joined the Cabinet in 1984, a stance echoed by her husband.

Daim was appointed as the finance minister in 1984 until he resigned in 1991. He was later appointed as a minister with special functions in 1998, and later reappointed as minister of finance I in 1999.

He has not held any public office since his resignation about 22 years ago in May 2001.

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