PETALING JAYA – Naimah Khalid, widow of former finance minister Daim Zainuddin, has filed an application in the High Court to review a lower court’s refusal to refer legal questions related to her corruption charge. Her lawyer, Abraham Au, stated that the application, submitted under Section 323 of the Criminal Procedure Code (CPC) and Section 35 of the Courts of Judicature Act 1964, was filed earlier today at the Kuala Lumpur High Court.
Section 323 grants a High Court judge the authority to review decisions made in subordinate courts to ensure their legality and propriety. This move follows a Feb 18 ruling by Sessions Court Judge Azura Alwi, who dismissed Naimah’s initial request, stating that the case did not raise constitutional issues.
Naimah had sought clarification on the legal application of Sections 30(5), 36(2), and 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, along with Section 32 of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 (Amla). However, the court sided with the prosecution, stating that since Naimah was not charged under Section 32 of Amla, the referral was unnecessary. The judge deemed her application “frivolous, vexatious, and an abuse of court process.”
Judge Azura also noted that Sections 30 and 36 of the MACC Act were investigative tools meant to support corruption probes, as indicated in parliamentary records.
Naimah, 67, was charged on Jan 23 last year for failing to comply with an asset declaration notice under the MACC Act. The charge relates to her alleged failure to declare ownership of several companies, land in Kuala Lumpur and Penang, and two vehicles. Her trial is set to begin from Nov 19-21, with further hearings scheduled for Jan 21-23 and Feb 3-5, 2026.