KUALA LUMPUR: Tun Daim Zainuddin's medical certificate and his absence at the Sessions Court today became a subject of contention by the prosecution who argued that he had not attended proceedings since being first charged in January.
Judge Azura Alwi was scheduled to deliver her decision today on the prosecution's application for 86-year-old Daim, whose real name is Che Abdul Daim Zainuddin, to undergo a mental evaluation to assess if he is fit to stand trial.
At the onset of the proceedings today, deputy public prosecutor Law Chin How sought a full medical report from Assunta Hospital for Daim, who had also instructed his lawyers to make amendments to an application under Section 30(1) of the Courts of Judicature Act (COJA) to challenge several law provisions.
Law said they had received a letter and a medical certificate from the defence yesterday stating that the former finance minister had been admitted to Assunta Hospital.
"However, if we study the MC, there is no reason given as to why Daim was admitted and his illness was not explained.
"If possible, we want the treating doctor to come to court to explain Daim's condition and the nursing sister, who issued the MC, to do the same and explain Daim's admission to the hospital and the date of his discharge.
"The lawyer's letter also stated that they received instructions from Daim to make the amendments but why only now after our submissions was accepted by the court and his lawyer six months ago? This application is frivolous and an abuse of the court process.
"Without a full medical report and reasons stated on the MC, and now amendments to the application, we are doubtful if it was truly Daim's instructions. We have a strong reason to ask for a full report medical report from Assunta Hospital on Daim's health," he said.
Law said they had stressed that Daim be mentally assessed under Section 342 of the Criminal Procedure Code before hearing his application to challenge the constitutionality of the law provisions.
"If it is assumed that he is not fit to stand trial, then subsequent proceedings will be null and void. We are in the guessing stage on what is the actual condition of Daim," he said.
Co-DPP Mohamad Fadly Mohd Zamry said Daim's absence was 'serious'.
Court records showed he had only attended court once during the charge and had subsequently made applications for exemptions through MCs from the same hospital, he added.
"There needs to be attention to this because this will affect the courts when Daim fails to adhere to the court's instruction after being given bail for a non-bailable offence.
"The letter of hospitalisation does not state a single word that Daim is unfit to attend court today and was signed off by a nursing sister, not a medical practitioner.
"I understand Puan (judge) sympathises with Daim but the court needs to set strict rules on the accused's absence to deter an abuse," he said, adding that Daim's bailor should also be summoned to the court to explain the absence.
However, Azura said she had previously stated that Daim's presence was not needed in court today but ruled that he must attend the next proceedings on Nov 20 to hear the mental assessment application.
"He (Daim) is required to attend, as usual," she said.
Daim's wife, Toh Puan Na'imah Khalid attended today's proceedings.
However, Defence lawyer Datuk Dr Gurdial Singh Nijar said there had been a misunderstanding as Daim's hospitalisation was not the reason for today's postponement.
He said it was because he had just been appointed to represent Daim and he needed time to work on the amendment application.