KUALA LUMPUR (March 13): There is no guarantee that Toh Puan Na’imah Abdul Khalid is not a flight risk, Deputy Public Prosecutor Wan Shaharuddin Wan Ladin told the High Court on her application to have her passport unconditionally returned by the court.

Wan Shaharuddin, in arguing against Na’imah’s application — after her passport was impounded by the Sessions Court when she was charged in January — made a comparison between her and her husband, former finance minister Tun Daim Zainuddin, who was also charged earlier this year, saying she was more of a flight risk compared to her husband.

“If we look at the conditions (Na’imah’s bail conditions) it isn’t restrictive. I’m also not brave to say that she is not flight risk. Her lawyers also cannot guarantee it,” he told presiding judge Datuk Ahmad Bache.

“There’s no guarantee that she will run, and there is no guarantee that she won’t run,” he added.

Wan Shaharuddin then made a comparison with her husband who was charged with the same offence as her, saying that the Sessions Court, in its discretion, did not impound his passport because Daim was not a flight risk due to his ailing health condition.

“With Daim, his health condition shows he’s not a flight risk, the judge (at the Sessions Court) made a ruling not to take his passport. We have to be flexible,” he said.

Na’imah is seeking to set aside the requirement for her to surrender her passport and wants it to be in her possession, as she claims that she is not a flight risk.

Na’imah’s lawyer M Puravalen had asked the judge to assess her behaviour and determine if she was a flight risk as Shaharuddin did not inform the judge at the Sessions Court on why she could be a flight risk.

Puravalen said that her passport was surrendered to the court on limited information.

He also said in his written submissions to court that Na’imah is not a flight risk as she has made it clear that she intends to stay and fight the charge against her.

Wan Shaharuddin countered by saying Na’imah can always apply to obtain her passport from the court when she requires it.

He then said former prime minister Tan Sri Muhyiddin Yassin had also made a similar application to have his passport permanently returned by the courts in his criminal trial. However, they arrived at a “win-win” situation where he is allowed to apply for the return of his passport when he needs to travel.

Bache then asked Wan Shaharuddin how quickly Na’imah could get her passport returned if she were to lodge such an application with the court.

“She can get it fast, it’s not like those days.

"With the right procedure, you can get the passport on the same day. These conditions are to facilitate the ends of justice,” Shaharuddin said.

The deputy public prosecutor added that should the unconditional return of her passport be allowed, that could be seen by the public as unfair.

After hearing arguments from both parties, Bache then set March 22 for his decision on the matter.

On Jan 23, Na’imah was charged in the Sessions Court here and claimed trial to a charge of not abiding by the Malaysian Anti-Corruption Commission (MACC) notice to declare 12 of her purported assets.

As a result, Sessions Court judge Azura Alwi fixed bail at RM250,000, and ordered Na’imah to surrender her passport, which she is seeking to set aside.

Daim himself is facing a charge of not abiding by the MACC notice to declare 71 assets.

They are both charged under Section 36(1) of the MACC Act, where if convicted could each face a punishment of a maximum five-year imprisonment and a fine not exceeding RM100,000.

Both of them have filed an application to set aside the respective charges in a judicial review application.