Fair trial for Daim's widow under threat as PM continues attacks, court told

The Kuala Lumpur Sessions Court has been urged to instruct the prosecution in the impending asset declaration trial involving the widow of the late Daim Zainuddin to advise Prime Minister Anwar Ibrahim not to jeopardise her right to a fair hearing by continuing his public attacks against the former finance minister.

Lawyers for Na'imah Abdul Khalid warned that Anwar's actions were sub judice and prejudicial, saying public comments from the executive should cease when a trial is ongoing.

"It is our position that it is going to be difficult to get a fair trial, considering all the statements that have been made by the prime minister," said lawyer Rajesh Nagarajan, adding that the statements were not uttered by an "ordinary citizen".

"Rather, (they are) from the prime minister himself. So it carries exceptional institutional weight, and it would inevitably influence public perception. It would influence witnesses, it would influence the justice environment. This is completely unacceptable," he said.

Earlier, the defence's request drew objection from the prosecution, who said there was no evidence to show Na'imah would not get a fair trial.

The court later instructed the defence to file a formal application in order to issue a gag order on Anwar from commenting on the case.

Daim, one of Malaysia's best-known finance ministers who was responsible for ensuring the country's economic recovery during the Asian financial crisis more than two decades ago, died at the age of 86 on Nov 13, 2024.

He was targeted by Anwar towards the end of his life, who accused him of amassing wealth, followed by an investigation against him by the Malaysian Anti-Corruption Commission (MACC) led by Azam Baki.

The probe stirred controversy after a Bloomberg report quoted a source who said that Azam had been instructed by Anwar to target Daim and former leader Dr Mahathir Mohamad.

Daim and Na'imah were eventually charged with failing to comply with an asset declaration notice from MACC.

Na'imah faces the charge under Section 36(2) of the MACC Act 2009, which carries a maximum of five years' imprisonment or a fine of RM100,000 upon conviction.

She has, however, filed a constitutional challenge against the law for criminalising the failure to comply with investigators.

Among other things, Na'imah is seeking a declaration on whether sections 30(5) and 36(2) of the MACC Act infringe the right of a witness in an investigation against being forced to produce self-incriminating evidence, as set out in Articles 5 and 8 of the Federal Constitution.

'Real risk of unfairness'

In urging the court to stop comments from government leaders on the case, the defence produced 17 news articles on Anwar's speeches and statements about the case.

They include Anwar's remarks in the Dewan Rakyat on Dec 2 last year after he was questioned about the scandal that rocked his office following shocking revelations of corruption involving his political secretary Shamsul Iskandar Mohd Akin, who later resigned and was subsequently charged with graft.

In his reply, Anwar turned his attention to Daim, and attacked opposition MPs for taking the side of "a former finance minister who has billions in wealth with banks keeping his money".

"The accused (Na'imah) is not only being tried in a court of law, but unfortunately, due to these statements, she is also being tried by the media in the court of public opinion. And this is unacceptable," Rajesh told reporters later.

He said public commentary from the executive was a form of interference with the judicial process.

"You cannot continuously make these kinds of statements when you are the prime minister.

"It is our position that it does create a real risk of unfairness. Actual prejudice need not be proven. Apprehended prejudice suffices," he added.