27-8-2024 (KUALA LUMPUR) The legal team representing Tun Daim Zainuddin, Malaysia’s former finance minister, has voiced strong opposition to the prosecution’s request for their client to undergo a mental health evaluation. This development unfolded during a case management session at the Sessions Court on Tuesday, bringing to light concerns about the 86-year-old’s fitness to stand trial in his ongoing criminal case.
Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin initiated the application for Daim’s mental health assessment, citing a medical report from Assunta Hospital in Selangor. The report revealed that Daim had suffered multiple strokes and experiences an unsteady gait that could lead to frequent falls. It also mentioned instances of brain haemorrhaging.
“We have doubts about his fitness to stand trial based on this letter,” Wan Shaharuddin stated before Judge Azura Alwi. He argued that Section 342 of the Criminal Procedure Code allows for Daim to be sent to a gazetted government hospital for a mental evaluation to determine his fitness for trial.
However, Daim’s counsel, Nizamuddin Hamid, countered this motion, asserting that while his client may be physically frail due to age, his mental faculties remain intact. “Despite being an accused, he is a statesman. We object to this application as it pertains to physical impediments that come with age, not mental capability,” Nizamuddin argued, emphasising that Daim comprehends the charges against him.
The prosecution pointed out that Daim has been granted court allowances to be absent from case mentions and managements due to his poor health. DPP Mohamad Fadhly Mohd Zamry stressed that the evaluation would benefit all parties in ascertaining Daim’s mental capacity before proceeding to trial.
Judge Azura Alwi has scheduled her decision on this application for 17 October. She acknowledged the complexities of the situation, noting that Daim’s physical condition may not allow him to sit through prolonged trial hours.
This debate over Daim’s mental fitness comes on the heels of another legal development. Earlier in the session, Judge Azura denied an application by Daim and his wife, Toh Puan Na’imah Abdul Khalid, to have their trials heard in separate Sessions Courts. The judge ruled that the defence had failed to demonstrate potential bias in having the same judge preside over both cases.
Daim faces charges of failing to comply with a notice to declare his assets, including luxury vehicles, companies, and properties across several Malaysian states. He pleaded not guilty to these charges on 29 January. Similarly, Na’imah, 66, was charged on 23 January with failing to declare assets including Menara Ilham and properties in Kuala Lumpur and Penang.
Both are charged under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, which carries a potential sentence of up to five years’ imprisonment and a maximum fine of RM100,000 upon conviction.
