The Borneo Post (Sabah)

No guarantee Na’imah would not abscond if passport returned permanentl­y — Prosecutio­n

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KUALA LUMPUR: The prosecutio­n in the High Court Wednesday, emphasised that there is no guarantee that Toh Puan Na’imah Abdul Khalid, the wife of former Finance Minister Tun Daim Zainuddin, would not abscond if her internatio­nal passport is permanentl­y returned to her.

Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddi­n Wan Ladin stated that it is not the intention of the prosecutio­n to deprive Na’imah of the freedom to obtain her passport, as she can always apply for it temporaril­y if she wishes to travel abroad.

“What guarantee is there that the accused will not flee? We cannot guarantee, and I dare not say there is no ‘flight risk.’ Even my learned friend (the defense counsel) cannot assert ‘no flight risk.’

Therefore, we need the passport, and the surrender of the passport (as an additional condition) is not unjustly harsh,” he submitted at the hearing of Na’imah’s applicatio­n to review the Sessions Court order to impound her passport after she was charged with failing to declare her assets to the Malaysian Anti-Corruption Commission (MACC).

Meanwhile, Na’imah’s lawyer, M. Puravalen, contended that the Sessions Court judge had erred in procedure and law in her decision to impound the applicant’s passport.

“This is because no reasons were put forward by the public prosecutor to justify the impoundmen­t thus making the decision erroneous in law and procedural­ly improper.

“The impounding of the applicant’s passport without reasons was a breach of the applicant’s constituti­onal right to travel abroad, being an aspect of an individual’s right to liberty as enshrined under Article 5 of the Federal Constituti­on,” he said.

DPP Mohd Fadhly Mohd Zamry then asserted that the decision of the Sessions Court Judge to impose additional conditions, namely requiring Nai’imah to surrender her internatio­nal passport to the court, is not erroneous as it aligns with the law.

“The offense charged under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009 against the applicant (Na’imah) is a non-bailable offense, and bail is not an absolute right for someone accused of this offense.”

“Based on Section 388 of the Criminal Procedure Code, it is evident that the authority to grant bail for non-bailable offenses lies within the discretion of the judge hearing the case. In exercising this discretion, the presiding judge may impose additional conditions on the accused,” he clarified.

Judge Datuk Ahmad Bache then set March 22 for the delivery of his decision on this applicatio­n.

Na’imah filed the applicatio­n on Feb 16, asserting that strong reasons must be provided by the DPP to withhold her passport and that it is unreasonab­le to allow it based merely on the prosecutio­n’s routine request.

On Jan 23, Na’imah, 66, was charged in the Sessions Court here for failing to comply with the MACC notice to declare her assets, which includes Menara Ilham and several other assets in Kuala Lumpur and Penang.

Judge Azura Alwi granted Na’imah bail at RM250,000 with one surety and ordered the surrender of her passport to the court. On Jan 29, her 85year-old husband was charged with similar offenses involving a bank account, seven luxury vehicles, 38 companies, and 25 properties.

They are charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years imprisonme­nt or a fine of RM100,000 upon conviction.

 ?? ?? Toh Puan Na’imah Abdul Khalid
Toh Puan Na’imah Abdul Khalid

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