KUALA LUMPUR, March 22 —The wife of former Finance Minister Tun Daim Zainuddin, Toh Puan Na’imah Abdul Khalid, today failed in her bid to get her passport, which the court has impounded, returned to her permanently.
High Court Judge Datuk Ahmad Bache dismissed her application to review the Session’s Court order to impound her passport after she was charged with failing to declare her assets to the Malaysian Anti-Corruption Commission (MACC).
“The action of the Sessions Court Judgeis legal, appropriate and there is no injustice. The court confirmed the findings of the Sessions Court Judge and dismissed this application,” said the judge.
Last 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 her bail at RM250,000 with one surety and ordered the surrender of her passport to the court.
Judge Ahmad, in his judgment, said the court agreed with the prosecution that there was no guarantee Na’imah would not flee if the passport was not impounded.
“The court thinks that there is a flight risk because Tun Daim is sick and may need medical treatment abroad and his passport is not impounded by the court. If the applicant has her passport, the flight risk is higher…
“If the applicant wants to go abroad to bring her husband for medical purposes, as the prosecutor said, the applicant can make an application and it will be dealt with immediately,” he said.
The judge said cases involving personalities including Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi, former Felda chairman Tan Sri Mohd Isa Abdul Samad and former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor were also required to surrender their passports to the court after they were charged.
The passports were impounded by the court as a form of security, he added.
Regarding Na’imah’s argument that the impounding of her passport without reason was a breach of her constitutional rights, Judge Ahmad said Na’imah’s rights as a citizen changed after she was charged in court.
“The situation changed from ordinary people to an accused. The applicant’s absolute right to her passport has changed,” he said.
On Jan 29, Daim, 85, was charged with failing to comply with the MACC notice to declare his assets, which include a bank account, seven luxury vehicles, 38 companies and 25 properties.
The charges against them were framed under Section 36(2) of the MACC Act which carries a maximum maximum penalty of five years imprisonment or a fine of RM100,000 upon conviction.
