Rahmat Khairulrijal
KUALA LUMPUR: The High Court has fixed March 22 to deliver its verdict on Toh Puan Na'imah Khalid's application for the permanent release of her passport.
Judge Datuk Ahmad Bache fixed the date after hearing lengthy submissions from both parties today.
The wife of former finance minister Tun Daim Zainuddin surrendered her passport at the Sessions Court as part of her bail condition when she was charged with failing to declare her assets to the Malaysian Anti-Corruption Commission (MACC).
The prosecution led by Datuk Wan Shaharuddin Wan Ladin argued there was no guarantee that the applicant was not a flight risk when objecting to the application.
Citing several high-profile corruption cases involving politicians, he said the condition imposed by the Sessions Court was not unjustly harsh.
"The court recently denied a similar application made by former prime minister Tan Sri Muhyiddin Yassin and only allowed its temporary release.
"If she needs her passport, she can apply for temporary release of the document at the lower court.
"The court needs to consider public perception on whether a normal accused person can make the same application as Na'imah," he said.
Meanwhile, counsel M. Puravalen who appeared for the applicant contended that the prosecution failed to provide specific reasons on why his client was a flight risk.
Puravalen said his client's fundamental rights had been breached when the court ordered Na'imah to surrender her passport based on limited information submitted by the prosecution.
"Even though the lower court has discretion to set the additional condition as part of the bail terms, it must be properly exercised," he said.
According to the charge sheet, Na'imah 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, a residence in Bukit Tunku, four freehold pieces of land and buildings near Bukit Tunku as well as freehold land and a 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.
The 67-year-old 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.
