Deputy public prosecutor Wan Shaharuddin Wan Ladin told Justice Ahmad Bache that Naimah would not be prejudiced by the impounding of her passport as she can apply for its temporary release at any time on reasonable grounds.
However, Shaharuddin said there was no guarantee that the wife of former finance minister Daim Zainuddin was not a flight risk.
“I do not dare to say that she’s a flight risk, but at the same time, my learned friend also cannot guarantee that she is not one,” he said during oral submissions today.
Earlier, Naimah’s lawyer, M Puravalen, argued that sessions court judge Azura Alwi had erred when impounding her passport as part of the condition for granting bail.
“No reasons were put forward by the public prosecutor to justify the impoundment, therefore making the decision erroneous in law and procedurally improper,” he said.
Puravalen also said the impounding of Naimah’s passport without proper reason was a breach of her constitutional right to travel abroad, one aspect of an individual’s right to liberty as enshrined in Article 5 of the Federal Constitution.
In reply, deputy public prosecutor Fadhly Zamry argued that the sessions court judge had not erred in her decision to impound Naimah’s passport.
He said Azura had taken into account that the offence was non-bailable when exercising her discretion. The discretion includes considering whether to allow bail, setting the bail amount, and the need for additional conditions.
“The sessions court judge’s discretion must be protected. If there has been no mistake, it is important to maintain the status quo,” he said.
The court fixed March 22 for a decision.
In January, Naimah claimed trial to a charge of failing to comply with a Malaysian Anti-Corruption Commission notice requiring the declaration of her assets.
She is accused of failing to declare her ownership of companies, several plots of land here and in Penang, and two vehicles. The offence allegedly took place on Dec 13, 2023.
She was granted bail of RM250,000 with one surety and ordered to surrender her passport to the court.
She subsequently applied for the permanent release of her passport.
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