THE prosecution has petitioned the High Court to maintain possession of former finance minister Tun Daim Zainuddin’s wife Toh Puan Naimah Khalid’s passport, citing concerns that she may attempt to evade trial if allowed permanent custody of the travel document.
Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin informed Justice Datuk Ahmad Bache that retaining Naimah’s passport would not prejudice her as she could still apply for temporary release under reasonable grounds.
However, Wan Shaharuddin pointed out the uncertainty regarding Naimah’s potential flight risk.
“I do not dare to say that she’s a flight risk, but at the same time, my learned friend also cannot guarantee that she is not one,” he said during oral submissions.
Previously, Naimah’s lawyer M Puravalen contended that the sessions court judge Azura Alwi had erred in impounding her passport as a condition for granting bail.
“No reasons were put forward by the public prosecutor to justify the impoundment, therefore making the decision erroneous in law and procedurally improper.”
He also asserted that impounding Naimah’s passport without proper reason violated her constitutional right to travel abroad as enshrined in Article 5 of the Federal Constitution which guarantees individual liberty.
In response, DPP Fadhly Zamry defended the sessions court judge’s decision, stating that she had not erred in exercising her discretion.
Moreover, Fadhly explained that the judge had considered the nature of the offence, which was non-bailable, when deciding to impound Naimah’s passport.
“The sessions court judge’s discretion must be protected. If there has been no mistake, it is important to maintain the status quo.”
The court has scheduled March 22 for a decision on the matter.
Earlier in January, Naimah pleaded not guilty to a charge of failing to comply with a Malaysian Anti-Corruption Commission (MACC) notice requiring the declaration of her assets.
She is accused of omitting to declare her ownership of companies, various plots of land in different locations and two vehicles, with the offence allegedly occurring on Dec 13, 2023.
Furthermore, Naimah was granted bail of RM250,000 with one surety and was ordered to surrender her passport to the court. Subsequently, she applied for the permanent release of her passport.
Main photo credit: The Edge
