00:01High Court Judge Datuk Mohamed Arif Imran Arifin has allowed two questions of law raised by Top 1 Naima Abdul
00:09Khalid to be referred to the Federal Court in relation to charges that she failed to declare her assets.
00:16The Federal Court will now determine whether Sections 30 Subsection 5 and 36 Subsection 2 of the Malaysian Anti-Corruption
00:24Commission, MACC Act 2009, violate constitutional protections, including the right against self-incrimination, the right to remain silent, the presumption
00:35of innocence, and the right to a fair trial under Articles 5 and 8 of the Federal Constitution.
00:41It will also decide whether the same provisions meet the threefold proportionality test under Article 8.
00:49Proceedings on Wednesday were conducted by Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladeen, while Datuk Dr. Gurdial Singh Nijar
01:00and Mohamed Nizamuddin Abdul Hamid represented Naima.
01:04She was excused from appearing in court.
01:09Speaking after the hearing, Gurdial described the constitutional issues as central to the case, saying the outcome would have a
01:15direct bearing on the charges faced by his client.
01:18Five questions.
01:20But these two questions that are allowed are the key questions.
01:23Which would invalidate the whole charge.
01:25So once it's decided that it is unconstitutional, then the charge will fall. The charge in the Sessions Court will
01:35fall.
01:35The development follows an earlier ruling on August 21, 2025, when High Court Judge Kay Muniandi, now a Court of
01:44Appeal judge, allowed Naima's bid to review a Sessions Court decision that had dismissed her application to refer eight legal
01:53questions to the federal court.
01:55Muniandi held that the questions were neither frivolous nor an abuse of process.
02:00Previously, on February 18, 2025, the Sessions Court had rejected her application, ruling that no constitutional issues arose that warranted
02:11reference to the Apex Court.
02:13Naima was charged on January 23, 2024, with failing to comply with a notice to declare her assets, including Menara
02:21Ilham, and several properties in Kuala Lumpur and Penang.
02:25The charge under Section 36, subsection 2 of the MACC Act carries a maximum penalty of five years' imprisonment or
02:34a 100,000 ringgit fine upon conviction.
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