Aug 27 ruling on Daim’s bid to transfer asset declaration case

Aug 27 ruling on Daim’s bid to transfer asset declaration case

Daim Zainuddin says there is a likelihood of bias if the same judge hears both his case and a similar charge brought against his wife, Naimah Khalid.

Daim Zainuddin
Daim Zainuddin wants judge Azura Alwi to transfer his case to another judge, citing the possibility of bias.
KUALA LUMPUR:
The sessions court will rule on Aug 27 whether to transfer former finance minister Daim Zainuddin’s asset declaration case to be heard by a different judge.

Daim wants another judge to be assigned to his case to avoid the possibility of bias as current judge Azura Alwi is also hearing a similar charge brought against his wife, Naimah Khalid.

Azura set the decision date after hearing submissions from Daim’s lawyer, M Puravalen, and deputy public prosecutor Wan Shaharuddin Wan Ladin.

Puravalen told the court that there “might” be a real danger of bias on Azura’s part if she hears the couple’s case, as they may be “compelled to give evidence at each other’s trial”.

Meanwhile Wan Shaharuddin said the defence was obliged to show the presence of a “real” rather than “perceived” danger of bias for Azura to recuse herself from hearing the trial.

Earlier this year, Daim pleaded not guilty to a charge under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009 of failing to comply with the terms of an asset declaration notice issued by the anti-graft agency.

He is accused of failing to declare his ownership in 38 companies, 19 plots of land in Selangor, Negeri Sembilan, Pahang, Kedah and Kuala Lumpur, as well as six properties.

Daim is also accused of failing to declare his ownership of Amanah Saham Nasional Bhd and Amanah Saham Nasional accounts, as well as seven luxury vehicles.

Naimah meanwhile is accused under the same provision of failing to declare her ownership of various companies, several plots of land and two vehicles.

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