KUALA LUMPUR: The High Court has fixed March 13 to hear ToKUALA LUMPUR: The High Court has fixed March 13 to hear Toh Puan Na'imah Khalid's application to have her passport returned permanently to her.
Judge Datuk Ahmad Bache fixed the date after calling both parties during the management of the case today.
"I also might 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 NST, 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.
"Therefore, the directive issued by the presiding judge is legally flawed and has resulted in a serious miscarriage of justice against my client," he said.
Rajesh said the right to a passport is 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 had only received the document today.
Na'imah surrendered her passport at the Sessions Court as part of her bail condition after she was charged with failing to declare her assets to the Malaysian Anti-Corruption 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;
* Properties — Menara Ilham, official residence in Bukit Tunku, four freehold pieces of land and buildings near Bukit Tunku as well as freehold land and building near Jalan Anthinahapan and Cantoment Road in Penang.
The offence falls under Section 36(2) of the MACC Act which carries a maximum five years' imprisonment and RM100,000 fine upon conviction.
She was released on RM250,000 bail with one surety.
A week later, her 85-year-old husband was also charged with a similar offence involving one bank account, seven luxury vehicles, 38 companies, and 25 properties at the MACC headquarters in Putrajaya on Dec 13, last year.
Na'imah and her two sons, Amir and Amin, on Jan 10, were summoned to the MACC headquarters in Putrajaya to have their statements recorded.
MACC had said this was done to ascertain the worth of some of the high-value assets in the country and abroad held under the companies belonging to the family in relation to the probe on Daim.
The commission had said a notice was served to Daim under Section 36(1)(a) of the MACC Act 2009, on June 7 last year, while his family members were served notices under Section 36(1)(b) of the same act.
