KUALA LUMPUR: Tun Daim Zainuddin's application to have his case transferred to another court must be rejected as the current trial judge is competent and there will be no injustice or bias, the prosecution told the Sessions Court today.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said former finance minister Daim, 86, will be accorded a fair trial although judge Azura Alwi will also be hearing the case of his wife, Toh Puan Na'imah Abdul Khalid, 67.
Daim and Na'imah were separately charged with failure to adhere to a Malaysia Anti-Corruption Commission's notice to declare their assets.
Wan Shaharuddin said Daim failed to show that the court cannot be fair and his application was one that insulted the impartiality of the court and did not pass the threshold required by the law.
"The cases involving Daim and his wife are different circumstances and this was admitted by Daim himself. There is no possible injustice.
"What is wrong with having you hear this case, Puan (judge)? You are fully competent to assess the evidence that will be re-examined by his lawyers and the chance will be given to do so.
"It must be reminded that this case is not a joint trial, but it is being tried separately. We cannot allow this kind of application. It will reflect to parties that the court cannot be fair.
"I submit and apply for this application to be rejected and proceed with Daim's trial in this court," said Wan Shaharuddin.
DPP Mohamad Fadhly Mohd Zamry said Daim's allegation that there was potential for bias was serious.
"It is our stance that the court cannot simply accept his submission based on speculation not supported by facts.
"Based on the charges, the burden is on the prosecution to prove two different cases, two different elements and we will submit evidence and witnesses involving the charges against the accused.
"On these grounds, I believe there is no issue of bias. The trial will be conducted separately. Biasness will not happen if the trial takes place before you (judge)," he said.
Daim's lawyer, M.Puravalen, said his client's application was not to recuse Azura as the trial judge.
"We want another court to look at Daim's case. The issue of insulting the court does not arise at all," he said.
Daim, in his affidavit, said there was a potential for bias that may arise from the fact that either he or his wife (Na'imah) may be influenced by the evidence tendered in their respective cases before the court as it would lead to the existence and consumption of extraneous information.
"It may also cloud the judgment and objectivity of all interested parties towards our respective cases as the proceedings continue," he said.
He said it would be in the interest of justice to have his case transferred as it would avoid any danger of bias being perceived.
He said such a transfer would maintain all interested parties' objectivity and clarity in presiding over their respective cases and provide the public with the perception of fairness and impartiality in that the outcome was heard and determined by two separate judges for cases involving spouses.