KUALA LUMPUR (March 22): The High Court has denied Toh Puan Na’imah Abdul Khalid’s application to have her passport unconditionally returned by the court as the wife of former finance minister Tun Daim Zainuddin is seen as a potential flight risk. 

High Court judge Datuk Ahmad Bache in his decision disallowed Na’imah's application for the unconditional return of her passport, but said that she can apply to get her passport back from the court at any time. 

“The deputy public prosecutor (DPP) in this case can facilitate the return of her passport. I feel it is fair that her passport is kept by the courts. This court is of the view that her passport was taken as it was fair for the court to do so,” the judge said. 

He added that the one charge Na’imah faces in the Sessions Court was a non-bailable offence, but Sessions Court judge Azura Alwi used her discretion to grant her RM250,000 bail and the impounding of her passport as part of the bail conditions - and Azura did note to Na’imah that she could apply to get her passport from the court at any time. 

“That alone is a bonus,” Ahmad said, adding that usually, no bail would be granted for these charges according to the law. 

The High Court judge also noted that it was another bonus that the bail imposed by Azura at RM250,000 was of a very low amount, as it is usually set at RM500,000 to RM1 million for cases of this kind.

Ahmad also took note that Daim was allowed to keep his passport, as although he was charged with the same offence, he was ill and needed his passport. 

The judge said that, meanwhile, there is a high probability that Na’imah is a flight risk.

“She is the wife of Daim, and he might need medical treatment overseas. If the applicant's (Na'imah) passport is with her, there is the probability of it being high risk. 

“[If] both of them [are] out of the country, there’s a high risk that they will not return. The bail conditions are to ensure that both will be here to face their charges in court,” the judge said. 

He reiterated that the public prosecutors will help and facilitate the process should Na'imah need to get her passport back from the courts temporarily to travel overseas. 

Ahmad also said Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi, former minister Datuk Seri Tengku Adnan Tengku Mansor, and former Federal Land Development Authority chairman Tan Sri Mohd Isa Abdul Samad all had to surrender their passports when they faced criminal charges. 

“So, I don’t see any issues. If they (Daim and Na'imah) want to go overseas, because the husband is unwell, the DPP will facilitate the return of her passport. The court feels that this is a reasonable excuse for the passport to be held,” the judge said. 

He then dismissed the application. 

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

As a result, Azura 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. 

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