PUTRAJAYA: Former finance minister the late Tun Daim Zainuddin's wife Toh Puan Na'imah Abdul Khalid now no longer needs the court's permission to travel abroad.
This followed a Court of Appeal ruling today that set aside the High Court's decision in March that had dismissed her application to retrieve her passport unconditionally.
The three-member panel, led by Datuk Azizah Nawawi, ruled that there was no evidence to justify the additional condition imposed by the Sessions Court.
"There was no supporting evidence of explanation to provide justification as to why this additional condition was necessary.
"We are of the opinion that the Sessions Court judge erred where she made the order to impound the passport where there were no valid and reasonable reasons were given.
"Decision by the Sessions Court to impose the passport is set aside," she said.
Other members of the panel were Datuk Azmi Ariffin and Datuk Azman Abdullah.
The appellate court also dismissed the prosecution's preliminary objection to quash Na'imah's appeal.
Na'imah was represented by lawyer Datuk Prof Gurdial Singh Nijar while deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin appeared for the prosecution.
Na'imah, who was also present during the proceedings, could not hold back her tears and hugged her son once the proceedings concluded.
"I am deeply saddened that Tun Daim is not here with me today to witness this decision," she said when met outside the courtroom.
On Jan 23, Na'imah surrendered her passport at the Sessions Court as part of her bail condition when she was charged with failing to declare her assets to the Malaysian Anti-Corruption Commission (MACC).
On March 22, High Court Judge Datuk Ahmad Bache dismissed Na'imah's application to permanently reclaim her passport, stating that there was no injustice in the Sessions Court's decision to impound the document as additional bail security.
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.
The 67-year-old was released on RM250,000 bail with one surety.
Na'imah and her two sons, Amir and Amin, on Jan 10, were summoned to the MACC headquarters here to have their statements recorded.
MACC had said this was done to ascertain the worth of some of the high-value assets in the country and abroad held under the companies belonging to the family in relation to the probe on Daim.
The commission had said a notice was served to Daim under Section 36(1)(a) of the MACC Act 2009, on June 7 last year, while his family members were served notices under Section 36(1)(b) of the same Act.