KUALA LUMPUR: There was no injustice in the Sessions Court's decision to impound Toh Puan Na'imah Khalid's passport as additional security for her bail, the High Court ruled today.
Judge Datuk Ahmad Bache in his judgment said there was a possibility for Na'imah and her husband, former finance minister Tun Daim Zainuddin to abscond if allowed to travel overseas.
The couple pleaded not guilty at the Sessions Court to charges of failing to declare their respective assets under the Malaysian Anti-Corruption Commission (MACC) Act in January this year.
"The Sessions Court's order for the applicant (to surrender their passport) is not illegal, it is not wrong... In fact, it is permissible.
"If I may add, it is in fact effective in some cases for the court to impound the passport as a form of security.
"Her husband was also charged with the same offence and was allowed to hold on to his passport.
"If Na'imah's passport was released, there was a possibility that both husband and wife would go abroad and not return.
"There is an increased risk of them being a flight risk. Consequently, they would not be be here to face the proceedings and their charges," he said.
He said the additional condition was to ensure the accused's attendance at their proceedings.
Ahmad said the additional bail condition also did not infringe Na'imah's rights under the Federal Constitution, as her rights as citizen changed after she was charged in court.
"Her absolute right to her passport has changed once she was charged in court.
"She could apply for temporary release of her passport if she needed access to the document," he added.
Na'imah is currently out on RM250,000 bail.
On Jan 23, Na'imah 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 MACC.
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 Athinahapan 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 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.
