KUALA LUMPUR: The Attorney General’s Chambers (AGC) has filed an appeal against the High Court’s decision allowing an application by Toh Puan Na’imah Abdul Khalid to refer eight legal questions linked to her criminal case.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin told the court on Tuesday (Sept 23) that the prosecution had also applied for a stay of proceedings at the High Court.
Na’imah’s lawyer Datuk Dr Gurdial Singh Nijar said the defence was ready to proceed with the hearing of the main application, as the issue involved questions of law and not disputed facts.
In response, DPP Wan Shaharuddin said the stay was necessary as High Court proceedings would be rendered nugatory if the Court of Appeal were to rule in its favour.
Justice K. Muniandy then fixed October 8 for both parties to submit on the stay application.
On Jan 23 last year, Na’imah, 68, was charged in the Sessions Court with failing to comply with a notice to declare her assets, including Menara Ilham and several other properties in Kuala Lumpur and Penang.
The charge was brought under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, which carries a maximum penalty of five years’ imprisonment or a fine of RM100,000 upon conviction.
She challenged the charge by filing an application at the Sessions Court on February 29 last year to refer legal questions regarding Section 30(5), 36(2), and 62 of the MACC Act, as well as Section 32(3)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act, to the High Court.
Her application was denied by the Sessions Court. Na’imah then filed a revision application against the Sessions Court’s decision at the High Court.
On Aug 21, Justice Muniandy allowed Na’imah’s revision application on grounds that her case contained constitutional issues requiring the Federal Court’s intervention.
