Court orders Musa Aman to return his passport

The High Court in Kuala Lumpur today ordered former Sabah chief minister Musa Aman to return his international passport after granting a review sought by the prosecution.

This came after the Sessions Court had last week allowed Musa's passport to be released for him to seek medical treatment overseas. 

In reversing the Sessions judge's decision, Justice Mohamed Zaini Mazlan said there was no suggestion by Musa that he could be treated only in Singapore or the United Kingdom.  

"The burden lies on him to show that he would require special medical attention that is not readily available in this country.

"The accused is merely seeking treatment by the doctors of his choice. The presumption is that he can be readily treated in this country and the coronary ailment that he is suffering from can be attended to by doctors in the country. The correspondence (with the foreign specialist doctors) showed the same," the judge reasoned.

Justice Mohamed Zaini also noted that the prosecution had objected to the release of the passport, citing Musa as a flight risk.

"There are no varied compelling reasons to allow him to travel abroad. There is none in this case.

"The Sessions Court judge failed to appreciate the facts. Hence, the court sets aside the order by the Sessions Court and allows the prosecution's orders in terms," he said.

Musa faces 35 counts of corruption

On Nov 5, 2018, Musa claimed trial to 35 counts of corruption involving US$63.3 million (RM263 million) in connection with timber concession contracts in Sabah. He was allowed bail of RM2 million in two sureties.

Musa was represented by lawyers Amer Hamzah Arshad, Ridha Abdah Subri and Joshua Tay.

Amer Hamzah indicated that his client would issue a statement later today and said he would seek further instructions on whether to appeal the decision.

"We have 14 days to file the appeal if Musa instructs so," he said.

The prosecution is led by DPP Salim Shoib, who yesterday applied for a review of the Sessions judge's decision as the prosecution claimed that the 35 charges are serious offences involving losses of millions of ringgit and that Musa could seek treatment in the country.

Amer Hamzah told the court yesterday that Musa had undergone five stent procedures since 1994 and this showed the former Sabah chief minister needed treatment.

He further told the court that it would be too strenuous for his client to have to undergo medical tests here, having gone through the same process overseas, just for him to seek treatment here. -Mkini