Prosecution objects to Daim’s application to transfer case before another judge

Deputy public prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin submitted that Judge Azura Alwi, who is hearing the case and also that of Daim's wife, Toh Puan Na'imah Khalid, is a qualified judge and will act fairly in the trial of both cases.

"...in the affidavit sworn by the applicant (Daim), all are mere speculation. They touch on the potential bias that may arise, as well as the potential of the judge's judgment to be clouded when there is an existence and consumption of extraneous information if both cases are heard by the same judge.

"We (the prosecution) submit that the case facing the applicant and his wife are two different cases and this is acknowledged by them. The applicant will have the opportunity to defend himself when the case is heard later," said Wan Shaharuddin at the hearing of the application.

Meanwhile, DPP Mohamad Fadhly Mohd Zamry said the issues raised by Daim in his application were serious accusations that the court could not accept as they were mere speculation

Lawyer M. Puravalen, representing Daim, submitted that having the same judge hearing both cases would raise questions on the reliability, and credibility of witnesses and the burden of evidence presented by them.

This means that both the applicant and his wife could be compelled to give evidence at each other's trial if it is found by Judge Azura to be relevant unless it falls under any one of the exceptions of the Evidence Act.

"Due to the unique setting before Judge Azura, she will have to not only question the reliability and credibility of each evidence given in court in the course of both trials, but she will have to also give rise to rulings of the weight and credibility of the evidence," said the lawyer.

Judge Azura then set Aug 27 for the decision.

Daim applied to transfer the case on last May 7, citing, among other reasons, the possibility of unfairness and prejudice against him because Na'imah's case is also being heard before the same judge.

On Jan 29, Daim, also known as Che Abdul Daim Zainuddin, 86, pleaded not guilty to charges of failing to comply with a Malaysian Anti-Corruption Commission (MACC) notice by not declaring assets, which included several luxury vehicles, companies, and properties across Kuala Lumpur, Selangor, Pahang, Negeri Sembilan, Perak, and Kedah.

On Jan 23, Na'imah, 66, was charged with one count of failing to comply with a MACC notice by not declaring assets, including Menara Ilham and several properties in Kuala Lumpur and Penang.

They are charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of imprisonment not exceeding five years and a fine of up to RM100,000, upon conviction.

-- BERNAMA