KUALA LUMPUR (Aug 9): The Sessions Court here has set Aug 27 to deliver its decision on whether former finance minister Tun Daim Zainuddin’s application to transfer his criminal case to another Sessions Court is denied or allowed.
Sessions Court judge Azura Alwi set the date after hearing arguments from both the defence and prosecution, for and against the application respectively.
Daim’s lawyer M Puravalen argued on the point of Section 104 of the Subordinate Courts Act 1948, which sets out the general powers of the Sessions Court to transfer a case to another court of co-ordinate jurisdiction in the interests of justice.
This application comes after Daim applied to transfer the case on May 7, citing concerns about potential injustice and prejudice, since his wife, Toh Puan Na’imah Abdul Khalid’s case, is also being heard by the same judge.
Presenting arguments to Azura, Puravalen said that the trials before her would raise questions of reliability and credibility of witnesses and the weight of evidence tendered through them.
He said that such situations might arise, as both husband and wife might be called to testify for each other in their cases.
“Due to the unique setting before Azura, she will have to not only question the reliability and credibility of each evidence given in court in the course of both trials, but also give rise to rulings of the weight and credibility of the evidence during the course of it,” he said.
Meanwhile, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin argued that the judge was competent enough to hear both cases fairly, without fear or favour.
He said that usually, applications to change judges are made when charges are in two different courts, and are to be transferred to one court for easier management. But, this application challenges the authority of the court.
Azura then set the date after hearing both lawyers’ arguments. Na’imah was present at court on Friday, while Daim was not.
Azura asked that Daim be present on Aug 27 for her decision, and that if he had any health issues, his team had to make an application before the court to exempt him from appearing in court.
On Jan 29, Daim, 86, pleaded not guilty to charges of failing to comply with a notice to declare his assets, including several luxury vehicles, companies, and properties across Kuala Lumpur, Selangor, Pahang, Negeri Sembilan, Perak and Kedah.
Na’imah, 66, was charged on Jan 23 with failing to comply with a notice to declare her assets, which include Menara Ilham and several properties in Kuala Lumpur and Penang.
They are both charged under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, which carries a penalty of up to five years’ imprisonment and a maximum fine of RM100,000, upon conviction.