KUALA LUMPUR: Tun Daim Zainuddin should undergo a mental evaluation to assess his condition to stand trial in his criminal case, the Sessions Court heard today.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said this during the proceedings, as the prosecution wanted to determine whether the 88-year-old former finance minister was fit for the proceedings.
The prosecution, noting frequent requests from the defence to excuse Daim from court appearances, argued that a mental health assessment was necessary under Section 342 of the Criminal Procedure Code.
This involves examining the current mental health of the accused to determine whether he is capable of providing instructions and understand the charges against him.
"According to a medical report from Assunta Hospital submitted to the court today, it mentions Tun Daim's condition, who has suffered multiple strokes, leading to a brain haemorrhage (hemorrhagic infarct) since January this year.
"Therefore, the prosecution doubts whether Tun Daim is fit to stand trial due to the health issues he has experienced, and whether he can receive and provide instructions to his defence team when the trial begins," he said before Judge Azura Alwi.
The senior prosecutor argued that the court had sufficient evidence to order Daim to undergo a mental evaluation at the Kuala Lumpur Hospital.
"The court should assess the accused's mental state based on the fact that he has never attended court except when he was charged on Jan 29.
"We have reasonable doubts about whether he is fit to stand trial.
"We are also sceptical about the truthfulness of the facts sworn by Tun Daim in his previous affidavits.
"We leave it to the court's discretion to assess his mental condition," he said.
Meanwhile, Daim's lawyer Nizamuddin Abdul Hamid objected to the prosecution's request on the grounds that his client was only experiencing physical weakness and not any mental disorder.
The court set Oct 17 for decision.
Daim, whose real name is Che Abdul Daim Zainuddin, was charged with failure to comply with a MACC notice to declare his assets such as one bank account, seven luxury vehicles, 38 companies, and 25 properties.
The offence falls under Section 36(2) of the Act which carries a maximum five years' imprisonment and RM100,000 fine upon conviction.