PUTRAJAYA: The prosecution is objecting to Toh Puan Na'imah Abdul Khalid's appeal to permanently regain her passport which was impounded as part of an additional condition of her corruption charge this year.
In a preliminary objection notice filed on July 24, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said Kuala Lumpur High Court judge Datuk Ahmad Bache's ruling to dismiss Na'imah's application to have her passport back permanently was a non-appealable decision.
He said the decision meted out on 67-year-old Nai'mah, the wife of former finance minister Tun Daim Zainuddin, was non-appealable at the Court of Appeal (CoA) under Section 50 of the Courts of Judicature Act 1964.
In proceedings today before a three-judge panel led by Datuk Ahmad Zaidi Ibrahim, Wan Shaharuddin said the prosecution, as respondent, was ready to proceed with the preliminary objection.
However, Zaidi ruled that the bench will hear the preliminary objection and Na'imah's appeal together on Nov 28.
"We will proceed with the preliminary objection first and we will make a ruling on it.If we are not with you (respondent), then we will proceed with the appeal (of Na'imah)," he said.
Also on the bench were Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin.
Na'imah was represented by lawyer Muhammad Nizamuddin Abdul Hamid.
After proceedings, Wan Shaharuddin said the High Court's decision does not compromise Nai'mah's rights to travel abroad as she can apply for temporary release of her passport.
Previously, Na'imah was granted her passport temporarily to travel abroad, including to attend an art exhibition in Venice and to meet her lawyer in London, in July.
She had also travelled to Switzerland for the Basel Art Exhibition in June.
Additionally, she had travelled to China for work in August.
On March 22, Zaidi had dismissed Nai'mah's application to permanently regain her passport.
He had said there was no injustice in the Sessions Court's decision to impound Na'imah's passport as additional security for her bail and there was a possibility for her and Daim, to abscond if they are allowed to travel overseas.
Na'imah and Daim, 86, had pleaded not guilty at the Sessions Court to charges of failing to declare their respective assets under the Malaysian Anti-Corruption Commission (MACC) Act in January this year.
According to the charge sheet, Na'imah failed to comply with an MACC notice to declare her assets which include companies, luxury vehicles and properties.
Among the assets are the Menara Ilham, a residence in Bukit Tunku, four freehold plots of land and buildings near Bukit Tunku, a Mercedes Benz EQC400 and a Mercedes Benz 500SL.
The offence falls under Section 36(2) of the MACC Act which carries a maximum five years' imprisonment and RM100,000 fine upon conviction.