KUALA LUMPUR (Sept 23): The prosecution has filed an appeal at the Court of Appeal, against the High Court's decision allowing Toh Puan Na’imah Abdul Khalid’s revision application on the constitutionality of the charge of failure to declare her assets to the Malaysian Anti-Corruption Commission (MACC).
They also want a stay in proceedings at the High Court, which the widow of former finance minister Tun Daim Zainuddin is contesting.
Parties were to argue over the stay proceedings on Tuesday. However, Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Laden said that they needed more time to reply to Na'imah's affidavit, which was filed late on Friday (Sept 19).
Na'imah's counsel Datuk Dr Gurdial Singh Nijar replied that they were ready to proceed with the actual hearing, as it did not concern facts, but rather, a matter of questions of law.
The prosecution had filed the stay application on the grounds that, among others, proceedings at the High Court would be rendered nugatory should the appellate court favour the prosecution.
On Aug 21, High Court judge K Muniandy had allowed Na'imah's application to refer questions of law to the apex court, as it contained significant questions which needed to be further deliberated.
However, before the matter is transferred to the Federal Court (FC), parties must first formulate the questions of law — during a hearing — to be sent to the FC.
Muniandy will now hear the prosecution's stay application on Oct 8, before the hearing to formulate the questions of law.
Nai'mah was charged in January last year under Section 36(2) of the MACC Act for failure to declare her assets.
Among the 12 assets that she did not declare were a Mercedes Benz EQC400 and Mercedes Benz 500 SL AUTO series, seven properties in Kuala Lumpur, and one in Penang, and Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd. She has claimed trial.
The trial however has yet to begin, pending these interlocutory applications.