KUALA LUMPUR: The High Court here today set March 13 to hear an application by former Finance Minister Tun Daim Zainuddin’s wife, Toh Puan Na’imah Abdul Khalid, to review the Session’s Court order that withheld her passport after she was charged with failing to declare her assets.
Justice Datuk Ahmad Bache set the date after the case management today.
He also ordered both parties to file their written submission on March 4, followed by reply submission on March 11.
Both parties will give their oral submission on March 13, said the judge, adding that he may deliver his decision on the same day.
The prosecution, represented by deputy public prosecutors Ahmad Feisal Mohd Azmi and Mohd Fadhly Mohd Zamry, confirmed they have received the application document today.
Lawyer Rajesh Nagarajan represented Na’imah.
Based on the review application filed through Messrs. Raj & Sach last week, Na’imah said there should be a solid reason given by the deputy public prosecutor to withhold her passport, adding that it is not appropriate for the court to allow withholding of passports as a matter of routine at the request of the prosecution.
“On the day I was accused, no reason or basis was given by the Deputy Public Prosecutor for impounding the passport and although my lawyer had given reasons to object, the court still ordered that my passport be impounded as a bail condition.
“The order is disproportionate and has caused a serious injustice or serious miscarriage of justice,“ she said.
According to Na’imah, there is no evidence to enable the court to impose passport conditions since there is no reason or document referred to by the prosecution that shows she is a flight risk.
On Jan 23, Na’imah, 66, was charged at the Sessions Court here with failing to comply with a notice by not declaring her property including Menara Ilham and several properties around Kuala Lumpur and Penang.
Judge Azura Alwi allowed Na’imah bail of RM250,000 with one surety and also ordered her to surrender her passport to the court.
On Jan 29, her 85-year-old husband was also charged with a similar offence involving one bank account, seven luxury vehicles, 38 companies, and 25 properties.
Both of them were charged under Section 36(2) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 which carries imprisonment for up to five years and a maximum fine of RM100,000, if convicted. – Bernama
