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PUTRAJAYA: The prosecution has submitted a preliminary objection to an appeal by Toh Puan Na'imah Abdul Khalid, the wife of former finance minister Tun Daim Zainuddin, against the High Court's dismissal of her application for the permanent return of her passport.
DPP Datuk Wan Shaharuddin Wan Ladin raised the objection when the case came up for mention on Tuesday (Sept 10) before a three-judge Court of Appeal panel comprising Justices Datuk Ahmad Zaidi Ibrahim, Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin.
Wan Shaharuddin, assisted by DPPs Law Chin How, Ahmad Feisal Mohd Azmi, Mohd Fadhly Mohd Zamry and Maziah Mohaide, told the court that the preliminary objection was filed on July 24 and the court had set Tuesday to hear the matter.
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However, Justice Ahmad Zaidi, who headed the panel, said the court would hear the preliminary objection by the prosecution and Na'imah's appeal on the same day.
"The court will hear the preliminary objection first and will decide on it. If we are not with you (prosecution), then we proceed with the appeal (by Na'imah)," said the judge, who set Nov 28 for the hearing.
At the proceeding on Tuesday, Na'imah was represented by Muhammad Nizamuddin Abdul Hamid.
She was appealing the High Court decision to dismiss her application for the permanent return of her passport, which had been impounded by the court.
High Court judge Justice Datuk Ahmad Bache dismissed the application after finding that the Sessions Court judge's action in ordering her to surrender her passport to the court was legal and appropriate and there was no injustice done.
ALSO READ: Daim's wife gets temporary access to passport for working trip to China
Na'imah surrendered her passport to the court as a bail condition after she was charged in the Sessions Court on Jan 23 with failing to comply with a notice to declare her assets, including Menara Ilham, as well as several others around Kuala Lumpur and Penang.
The charge, framed under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, provides for a maximum sentence of five years in prison or a fine of RM100,000 if found guilty.
Na’mah had been granted temporary release of her passport on several occasions to go to Switzerland, Singapore, London, Venice and China. – Bernama
