Daim S Wife Fails To Retrieve Court Impounded Passport
The criminal court will continue to hold on to the passport of former finance minister Daim Zainuddin’s wife.
The Kuala Lumpur High Court this morning dismissed Na’imah Abdul Khalid’s application for a permanent return of her passport, which was surrendered to the Sessions Court as part of her RM250,000 bail terms linked to her pending asset-disclosure criminal case.
High Court judge Ahmad Bache today said the lower court had exercised its discretion correctly in ordering the impounding of Na’imah’s passport as part of her bail conditions.
Ahmad also agreed with the prosecution that Na’imah is a flight risk, adding that she could always file future applications for a temporary return of her passport for the criminal court’s consideration.
Previously, the prosecution contended to the High Court that there was no guarantee that Na’imah would not abscond, hence the need for the criminal court to hold on to her passport.
Ahmad said there is a risk of Na’imah taking flight in a hypothetical scenario where her husband elderly Daim, who is wheelchair-bound and not well, may need medical attention from overseas health facilities.
The High Court judge pointed out that Daim was not required by the Sessions Court to surrender his passport as part of bail conditions in a similar asset-disclosure charge against the former minister.
“If the applicant’s passport is with her (permanently returned), then there is a high possibility that when both of them (Na’imah and Daim) are outside the country, they may not return to face proceedings (before the Sessions Court),” Ahmad said.
The High Court judge assured that if Na’imah needs to apply for a temporary return of her passport to help Daim get medical treatment overseas, the prosecution can help facilitate this.
Lawyer M Puravalen acted for Na’imah, while deputy public prosecutor Wan Shaharuddin Wan Ladin prosecuted.
Not guilty
On Jan 23, the Sessions Court ordered the surrender of Na’imah’s passport as part of bail conditions linked to her criminal charge of alleged failure to abide by an MACC notice to disclose her assets.
The 66-year-old claimed trial to the charge framed under Section 36(2) of the MACC Act 2009.
The charge accused her of committing the offence by giving a sworn written statement that did not comply with the MACC notice under Section 36(1) of the MACC Act.
Accused of committing the offence between Dec 13 and 14 last year, she may be jailed for up to five years and fined up to RM100,000.
The assets she allegedly did not disclose involved multiple plots of land, properties, and Mercedes-Benz vehicles.
According to the annexure attached to the charge and read out in court, among the eight properties allegedly involved are Ilham Tower in Kuala Lumpur, a house in Bukit Tunku, Kuala Lumpur, as well as six plots of land - five in Kuala Lumpur and one in Penang.
Among other alleged items involved in the non-disclosure are concerning two companies, namely Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd.
Sessions Court judge Azura Alwi set bail at RM250,000 in one local surety and ordered Na’imah to surrender her passport to the court, pending disposal of her case. - Mkini
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