Through a supporting affidavit obtained by the media, Daim, 86, said he had filed the same application on Jan 31 and his lawyer had written to the respondent (prosecutor) to request a copy of the complaint, but his side had not received any response and until now the respondent refused to supply the relevant documents.
According to Daim, the document must be disclosed to him under Section 29(4) of the MACC Act 2009 or Section 51 or Section 51A of the Criminal Procedure Code because it is relevant to ensure he gets a fair trial.
In the proceedings before Sessions Court Judge Azura Alwi today, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin requested that the hearing date regarding the application be set for August 27.
"The prosecution received notice of this application on August 6 and we will object to the application. I also request that Tun Daim attends the hearing proceedings later," said Wan Shaharuddin who also informed that his party will file an affidavit in the near future.
However, lawyer M. Puravelan representing Daim requested that his client's presence be excluded in future proceedings.
Azura then fixed August 27 for the hearing of the application in addition to allowing the lawyer's request that the presence of the accused be excluded from the proceedings.
On Jan 29, Daim pleaded not guilty to the charge of failing to comply with the notice by not declaring assets including several luxury vehicles, companies and properties around Kuala Lumpur, Selangor, Pahang, Negeri Sembilan, Perak and Kedah.
The charge was brought in accordance with Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009 which carries a prison sentence of not more than five years and a maximum fine of RM100,000, if convicted.
-- BERNAMA
