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Prosecution objects to Na’imah’s request for permanent return of passport
PUTRAJAYA, Sept 10 — The prosecution has submitted a preliminary objection to an appeal by Toh Puan Na’imah Abdul Khalid, who is the wife of former Finance Minister Tun Daim Zainuddin, against the dismissal of her application by the High Court for the permanent return of her passport.
The objection was raised by Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin when the case came up for mention before a panel of three judges of the Court of Appeal, consisting of Datuk Ahmad Zaidi Ibrahim, Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin, today.
Wan Shaharuddin, assisted by DPP Law Chin How, Ahmad Feisal Mohd Azmi, Mohd Fadhly Mohd Zamry and Maziah Mohaide, told the court that the preliminary objection was filed last July 24 and the court had set today to hear the matter.
However, Judge Ahmad Zaidi, who headed the three-judge panel, said the court would hear the preliminary objection by the prosecution and Na’imah’s appeal on the same day.
“The court will hear the preliminary objection first and will decide on the preliminary objection. If we are not with you (prosecution), then we proceed with the appeal (Na’imah),” said the judge who also set Nov. 28 for the hearing.
At the proceeding today, Na’imah was represented by lawyer Muhammad Nizamuddin Abdul Hamid.
Naimah was appealing a High Court decision that had dismissed her application for the permanent return of her passport, which had been impounded by the court.
High Court Judge Datuk Ahmad Bache dismissed the application after finding that the Sessions Court Judge’s action in ordering her to surrender her passport to the court was legal and appropriate and there was no injustice done.
Na’imah surrendered her passport to the court as a bail condition after she was charged in the Sessions Court on Jan 23 this year with failing to comply with a notice to declare her assets including Menara Ilham, as well as several other assets around Kuala Lumpur and Penang.
The charge, framed under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, provides a maximum sentence of five years in prison or a fine of RM100,000 if found guilty.
Na’mah had been granted temporary release of her passport on several occasions to go to Switzerland, Singapore, London, Venice and China.
