MARCH 13 HEARING FOR PASSPORT REQUEST
Counsel for wife of former finance minister claims judge erred in issuing directive
THE High Court has fixed March 13 to hear Toh Puan Na’imah Abdul Khalid’s application to have her passport returned permanently.
Judge Datuk Ahmad Bache set the date after calling both parties during case management yesterday.
“I may deliver my ruling on the same day,” the judge said.
Deputy public prosecutors Ahmad Feisal Mohd Azmi and Mohd Fadhly Mohd Zamry prosecuted and counsel M. Puravalen appeared for the wife of former finance minister Tun Daim Zainuddin.
According to the application’s document sighted by the New Straits Times, Na’imah’s counsel, Rajesh Nagarajan, argued that Sessions Court judge Azura Alwi erred in issuing the directive.
“The directive is legally flawed and has resulted in a serious miscarriage of justice against my client.
“On the day of the charge, no reason or basis was given for the seizure of my client’s passport.
“The prosecution failed to demonstrate the accused’s tendency to abscond from facing these charges.
“No reasons, specific documents or other justifications were presented to the presiding judge by the prosecution.
“Although the accused’s defence counsel argued to challenge the seizure, the presiding judge still issued the directives as a condition for bail.”
He said the right to a passport was protected under Article 5(1) and 9 of the Federal Constitution.
“Strong reasons must be provided where an order for passport detention is not reasonably given routinely at the prosecution’s request.”
Fadhly, when contacted, said the prosecution only received the document yesterday.
Na’imah surrendered her passport to the Sessions Court as part of her bail condition after she was charged with failing to declare her assets to the Malaysian AntiCorruption Commission (MACC).
On Jan 23, she pleaded not guilty to the offence before judge Azura Alwi.
According to the charge sheet, the 67-year-old failed to comply with an MACC notice to declare her assets, such as companies (Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd), luxury vehicles (Mercedes Benz EQC400 and Mercedes Benz 500SL) and properties (Menara Ilham, a residence in Bukit Tunku, four pieces of freehold land and buildings near Bukit Tunku and freehold land and buildings near Jalan Anthinahapan and in Penang, Cantonment Road).
The offence falls under Section 36(2) of the MACC Act, which carries up to five years’ jail and a RM100,000 fine upon conviction.
Na’imah was released on RM250,000 bail with one surety.
A week later, Daim, 85, was charged with a similar offence involving one bank account, seven luxury vehicles, 38 companies and 25 properties.
On Jan 10, Na’imah and her sons, Amir and Amin, were summoned to the MACC headquarters in Putrajaya to have their statements recorded.
MACC had said this was to determine the worth of some highvalue assets in the country and abroad held under the companies belonging to the family.
It said a notice was served to Daim under Section 36(1)(a) of the MACC Act on June 7 last year, while his family members were served notices under Section 36(1)(b) of the same act.