PUTRAJAYA: Toh Puan Na’imah Abdul Khalid (pic), the widow of former finance minister the late Tun Daim Zainuddin, no longer needs the court’s permission to travel abroad.
This comes after the Court of Appeal quashed the lower courts’ decisions to allow Na’imah’s passport to be kept by the Sessions Court 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 to accompany the RM200,000 bail set by the Sessions Court, which was the trial court.
On Jan 23, Na’imah surrendered her passport at the Sessions Court when she was charged with failing to declare her assets to the Malaysian Anti-Corruption Commission (MACC).
On March 22, High Court judge Justice Ahmad Bache dismissed Na’imah’s application to permanently reclaim her passport, stating that there was no injustice in the Sessions Court’s decision to impound the document as additional bail security.
In the Court of Appeal’s judgment yesterday, Justice Azizah said that in applying for the additional condition, the prosecution did not make a clear justification when it cited that it was a “common practice”.
“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 yesterday.
Other judges on the Bench were Justices Azman Abdullah and Azmi Ariffin.
Na’imah was charged with 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 which includes two companies, Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd, two luxury 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 Act 2009 and faces imprisonment of up to five years and a fine not exceeding RM100,000, if found guilty.