THE prosecution in the Kuala Lumpur High Court today, emphasised that there is no guarantee that Toh Puan Na'imah Abdul Khalid, the wife of former Finance Minister Tun Daim Zainuddin, would not abscond if her international passport is permanently returned to her.
Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin stated that it is not the intention of the prosecution to deprive Na'imah of the freedom to obtain her passport, as she can always apply for it temporarily if she wishes to travel abroad.
"What guarantee is there that the accused will not flee? We cannot guarantee, and I dare not say there is no 'flight risk.' Even my learned friend (the defence counsel) cannot assert 'no flight risk.'
Therefore, we need the passport, and the surrender of the passport (as an additional condition) is not unjustly harsh," he submitted at the hearing of Na'imah's application to review the Sessions Court order to impound her passport after she was charged with failing to declare her assets to the Malaysian Anti-Corruption Commission (MACC).
Meanwhile, Na'imah's lawyer, M. Puravalen, contended that the Sessions Court judge had erred in procedure and law in her decision to impound the applicant's passport.
“This is because no reasons were put forward by the public prosecutor to justify the impoundment thus making the decision erroneous in law and procedurally improper.
“The impounding of the applicant's passport without reasons was a breach of the applicant's constitutional right to travel abroad, being an aspect of an individual's right to liberty as enshrined under Article 5 of the Federal Constitution,” he said.
DPP Mohd Fadhly Mohd Zamry then asserted that the decision of the Sessions Court Judge to impose additional conditions, namely requiring Nai’imah to surrender her international passport to the court, is not erroneous as it aligns with the law.
"The offence charged under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009 against the applicant (Na’imah) is a non-bailable offence, and bail is not an absolute right for someone accused of this offence."
"Based on Section 388 of the Criminal Procedure Code, it is evident that the authority to grant bail for non-bailable offences lies within the discretion of the judge hearing the case. In exercising this discretion, the presiding judge may impose additional conditions on the accused," he clarified.
Judge Datuk Ahmad Bache then set March 22 for the delivery of his decision on this application.
Na’imah applied on Feb 16, asserting that strong reasons must be provided by the DPP to withhold her passport and that it is unreasonable to allow it based merely on the prosecution's routine request.
On Jan 23, Na'imah, 66, was charged in the Sessions Court here for failing to comply with the MACC notice to declare her assets, which includes Menara Ilham and several other assets in Kuala Lumpur and Penang.
Judge Azura Alwi granted Na'imah bail at RM250,000 with one surety and ordered the surrender of her passport to the court.
On Jan 29, her 85-year-old husband was charged with similar offences involving a bank account, seven luxury vehicles, 38 companies, and 25 properties.
They are charged under Section 36(2) of the MACC Act 2009, which carries a maximum penalty of five years imprisonment or a fine of RM100,000 upon conviction. - Bernama, March 13, 2024
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