The prosecution contended that there is no guarantee that the wife of former finance minister Daim Zainuddin would not abscond, hence the need for the criminal court to hold on to her passport.
However, the legal team for Na’imah Abdul Khalid countered that her passport ought to be returned as the criminal court impounded the travel document without being provided with specific reasons by prosecutors on why she was a flight risk.
These oral submissions were presented by deputy public prosecutor Wan Shaharuddin Wan Ladin and defence counsel M Puravalen respectively to the Kuala Lumpur High Court during today’s hearing of Na’imah’s bid for the permanent return of her impounded passport.
Previously, the Kuala Lumpur Sessions Court ordered the surrender of her passport, pending the disposal of her criminal case linked to her alleged failure to abide by an MACC notice for her to disclose her assets.
Wan Shaharuddin told High Court judge Ahmad Bache this morning that the surrender of Na’imah’s (above) passport - as part of the condition for her release on bail - is not unjustly harsh.
The prosecutor said that if she needs a temporary return of her passport for pressing reasons, then she can make such an application and the criminal court can decide whether to allow it or not.
Wan Shaharuddin contended that Puravalen himself cannot guarantee that Na’imah is not a flight risk, hence the need for the court to hold on to her passport pending disposal of the asset-disclosure case.
“What guarantee that she would not abscond? None. Hence the need for the passport (to remain in court hands until disposal of Na’imah’s criminal case),” the DPP said.
The prosecutor pointed out that her husband Daim, who is also facing a similar asset-disclosure criminal charge, did not have a court order for the former minister’s passport to be surrendered due to his frail health.
Wan Shaharuddin said even in the case involving former prime minister Muhyiddin Yassin, a lower court had denied the former prime minister’s bid for the permanent return of his passport and only allowed its temporary release.
Muhyiddin is facing four abuse of power and three money laundering charges linked to the Jana Wibawa programme.
Wan Shaharuddin added that the court needs to consider public perception on whether the average accused person can make the same application as Na’imah.
Why is Na’imah a flight risk?
However, Puravalen reminded the High Court that Na’imah’s fundamental right had been contravened when her passport was impounded because the lower court had limited information on why she was a flight risk as claimed by the prosecution.
The defence counsel said that while the lower court has discretion on whether to order the surrender of an accused’s passport as part of bail terms, such discretion must be properly exercised via the consideration of the details of how an accused is supposedly a flight risk.
At the end of proceedings, Ahmad set March 22 for a decision on whether to allow Na’imah’s passport return bid.
On Jan 23, before the Sessions Court, Na’imah’s passport was ordered to be surrendered as part of bail conditions linked to her criminal charge of alleged failure to abide by an MACC notice to disclose her assets.
The 66-year-old claimed trial to the charge framed under Section 36(2) of the MACC Act 2009.
The charge accused her of committing the offence by giving a sworn written statement that did not comply with the MACC notice under Section 36(1) of the MACC Act.
Accused of committing the offence between Dec 13 and 14 last year, she may be jailed for up to five years and fined up to RM100,000.
The assets she allegedly did not disclose involved multiple plots of land, properties, and Mercedes-Benz vehicles.
According to the annexure attached to the charge and read out in court, among the eight properties allegedly involved are Ilham Tower in Kuala Lumpur, a house in Bukit Tunku, Kuala Lumpur, as well as six plots of land - five in Kuala Lumpur and one in Penang.
Among other alleged items involved in the non-disclosure are concerning two companies, namely Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd.
Sessions Court judge Azura Alwi set bail at RM250,000 in one local surety and ordered Na’imah to surrender her passport to the court, pending disposal of her case.
Azura also set March 22 for mention of the case. - Mkini
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