March 13 to hear application by Daim’s wife to review Sessions Court order on passport
KUALA LUMPUR: The High Court here has set March 13 to hear an application by former finance minister Tun Daim Zainuddin’s wife Toh Puan Na’imah Abdul Khalid to review the Sessions Court order that withheld her passport, after she was charged with failing to declare her assets.
Judge Datuk Ahmad Bache set the date after case management yesterday, and also ordered both parties to file their written submission on March 4, followed by reply submission on March 11.
“Both parties will give their oral submission on March 13,” said the judge, adding that he might deliver his decision on the same day.
The prosecution, represented by deputy public prosecutors (DPPs) Ahmad Feisal Mohd Azmi and Mohd Fadhly Mohd Zamry, confirmed receiving the application document yesterday.
Lawyer Rajesh Nagarajan represented Na’imah.
Based on the review application filed through Messrs Raj & Sach last week, Na’imah said there should be a solid reason given by the DPP to withhold her passport, adding that it was not appropriate for the court to allow withholding of passports as a matter of routine at the request of the prosecution.
“On the day I was accused, no reason or basis was given by the deputy public prosecutor for impounding the passport and although my lawyer had given reasons to object, the court still ordered that my passport be impounded as a bail condition.
“The order is disproportionate and has caused a serious injustice or serious miscarriage of justice,” she said.
According to Na’imah, there is no evidence to enable the court to impose passport conditions, since there is no reason or document referred to by the prosecution that showed she is a flight risk.
On Jan 23, Na’imah, 66, was charged at the Sessions Court here with failing to comply with a notice by not declaring her property including Menara Ilham and several properties around Kuala Lumpur and Penang.
Judge Azura Alwi allowed Na’imah bail of RM250,000 with one surety and also ordered her to surrender her passport to the court.
On Jan 29, her 85-year-old husband was also charged with a similar offence involving one bank account, seven luxury vehicles, 38 companies, and 25 properties.
Both of them were charged under Section 36(2) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 which carries imprisonment for up to five years and a maximum fine of RM100,000, if convicted.