PUTRAJAYA: The Court of Appeal has quashed the High Court order impounding Toh Puan Na’imah Abdul Khalid's passport as part of her bail conditions.
A three-judge panel chaired by Justice Azizah Nawawi unanimously ruled that there was no supporting evidence or justification from the prosecution as to why the additional condition was necessary when her bail was allowed by the Sessions Court.
In applying for the additional condition, the prosecution had cited that it was a "common practice" but this was without a clear justification, the judge said.
Justice Azizah said the prosecution's reliance on the practice of imposing additional conditions without clear justification had undermined the rationale of the decision by the Supreme Court in previous cases.
"It was already held that any condition must be fair, reasonable and directly related to ensuring attendance in court.
"Therefore, we are of the opinion that the Sessions Court judge has erred in law where she made the order to impound the passport when there is no valid and reasonable reasons to order the same.
"The decision by the Sessions Court to impound the passport is hereby set aside," the judge said here on Thursday (Nov 28).
Other judges on the bench were Justices Azman Abdullah and Azmi Ariffin.
On Jan 23, Na'imah was accused of intentionally giving a written statement under oath that did not comply with the terms of notice under Section 36(1) (b) of the MACC Act 2009.
The 67-year-old allegedly did not declare assets as stated in Appendix A, which includes two companies: Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd, two Mercedes-Benz cars and eight properties.
The properties are Menara Ilham in Jalan Binjai, a house in Persiaran Bukit Tunku, four lots in Bukit Tunku, one lot in Penang and a house in Taman Tun Dr Ismail.
She was charged under Section 36(2) of the MACC 2009 and faces imprisonment of up to five years and a fine not exceeding RM100,000.
Sessions Court judge Azura Alwi fixed bail at RM250,000 in one surety and imposed an additional condition for Na'imah to surrender her international passport pending the completion of the case.
Na'imah filed an appeal at the High Court against the Sessions Court order on the passport but it was dismissed.
