KUALA LUMPUR: The Sessions Court today fixed May 21 to hear the application of Toh Puan Naimah Khalid who filed a motion to challenge the validity of the Malaysian Anti-Corruption (MACC) Act against her.
Sessions Court judge Azura Alwi set the date during the mention proceedings today.
Naimah, 67, filed the application on Feb 29.
Her husband, former finance minister Tun Daim Zainuddin, 86, filed a similar application on March 15.
Judge Azura fixed May 9 for mention of Daim's application.
The couple want the court to rule whether Section 36(2) of the MACC Act infringes on their rights against self-incrimination and right to not be compelled to produce incriminating evidence to be used in a proceeding against a person.
On Jan 23 and Jan 29 respectively, Naimah and Daim were separately charged with failure to declare their assets to the MACC.
In separate proceedings, they had each pleaded not guilty to the offence before the same judge.
Naimah and Daim filed the reference application for the High Court to determine the validity of the charge.
The notice of motion asked the Sessions Court to make an order to refer to the High Court under Section 30(1) of the Courts of Judicature Act 1964 on several questions regarding the effect of provisions of the Federal Constitution.
The offence falls under Section 36(2) of the MACC Act which carries a maximum of five years imprisonment and a RM100,000 fine upon conviction.
According to the charge sheet, Naimah failed to comply with an MACC notice to declare her assets such as:
* Companies — Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd;* Luxury vehicles — Mercedes Benz EQC400 and Mercedes Benz 500SL;
* Properties — Menara Ilham, official residence in Bukit Tunku, four freehold pieces of land and buildings near Bukit Tunku as well as freehold land and building near Jalan Anthinahapan and Jalan Cantoment Road in Penang.
A week later, Daim was charged with the failure to declare 71 of his assets to the MACC.
According to the charge, Daim failed to comply with a MACC notice to declare his assets such as one bank account, seven luxury vehicles, 38 companies, and 25 properties at the MACC headquarters in Putrajaya on Dec 13, last year.
This comes after Naimah and her two sons, Amir and Amin, on Jan 10, were summoned to the MACC headquarters in Putrajaya to have their statements recorded.
The MACC said it was done to ascertain the value of some of the high-value assets, both domestic and abroad held under the companies belonging to them in relation to the probe on Daim.