PUTRAJAYA (Sept 10): The prosecution in Toh Puan Na’imah Abdul Khalid’s asset non-declaration case has indicated at the Court of Appeal on Tuesday that it is objecting to her appeal asking for the court to release her passport unconditionally.

This was indicated by deputy public prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin when addressing a three-member bench led by Datuk Ahmad Zaidi Ibrahim.

Ahmad Zaidi, who sat with Court of Appeal judge Datuk Zaini Mazlan and High Court judge Datuk Noorin Badaruddin, said that the bench wants to hear and decide on the preliminary objection together with the appeal, instead of doing it in tranches.

Following that, Ahmad Zaidi adjourned the hearing of the appeal to Nov 28.

“If the court is not with the prosecution, then we will proceed to hear the appeal on the same day itself and decide,” Ahmad Zaidi said.

Na’imah’s counsel, Nizamuddin Abdul Hamid, who appeared with Rajesh Nagarajan and Sachpreetraj Singh, informed the bench earlier that it was prepared to go on with the appeal, only to be told the prosecution was making an objection.

When met outside, Wan Shaharuddin told reporters that despite Na’imah having to surrender her passport to the court, it was not depriving her of her right to travel abroad, as each time she asked for a return for her passport, the prosecution and court did not object.

“As long as the reasons given are reasonable,” the DPP said, adding that prior to this, Na’imah had obtained her passport for her travel to Switzerland and China.

The prosecution would make further submissions on the matter on Nov 28.

Na'imah, who is the wife of former finance minister Tun Daim Zainuddin, had in January claimed trial at the Sessions Court for not abiding by the Malaysian Anti-Corruption Commission's notice to declare 12 of her purported assets.

Among the 12 assets which she allegedly did not declare include a Mercedes-Benz EQC400 and 500 SL AUTO series, seven properties in Kuala Lumpur and one in Penang, Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd.

Ilham Tower Sdn Bhd is the owner of Ilham Tower, and the company’s majority shares are owned by Ilham Baru, which in turn is fully owned by Daim’s wife and two of his children.

Following the charge, Na'imah had been asked to surrender her passport as part of the conditions imposed by the court.

Na’imah had previously applied to the High Court in March for her passport to be returned unconditionally, but this was rejected by judge Datuk Ahmad Bache, who cited she could be a flight risk.

Subsequently, she is appealing against the High Court's decision at the Court of Appeal. 

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