The Court of Appeal ruled in favor of Daim’s widow Na’imah and ordered the return of the passport

PUTRAJAYA, November 28 — The Court of Appeal accepted Toh Nokta Na’imah Abdul Khalid’s appeal for the permanent return of her passport.

The three-member bench, comprising Datuk Azizah Nawawi, Datuk Azman Abdullah and Datuk Azmi Ariffin, annulled the Sessions Court’s previous decision imposing a bail condition requiring the surrender of Na’imah’s passport.

Giving the verdict, Justice Azizah held that Sessions Court judge Azura Alwi acted unlawfully by ordering the seizure of the passport without valid or reasonable justification.

The court noted that the prosecution at the Sessions Court level had asked for Na’imah’s passport to be seized as an additional condition of bail, arguing that this was standard practice in similar cases.

However, Justice Azizah emphasized that the prosecution’s reliance on such additional circumstances ignored the established principles laid down by the Supreme Court.

These principles require that additional bail conditions must be fair, reasonable and directly related to ensuring the defendant’s attendance at court.

Justice Azizah observed: “We are of the opinion that there is no supporting evidence or explanation to justify the need to impose the additional condition.”

The Court of Appeals also rejected the prosecution’s preliminary objection challenging the sufficiency of Na’imah’s appeal.

Toh Nokta Na’imah Abdul Khalid, the 67-year-old widow of the late Tun Daim Zainuddin, filed an appeal after the High Court rejected her application to review the Sessions Court order seizing her passport under the Bail Conditions.

On January 23, 2024, he was charged in the Court of Session for allegedly failing to comply with a notice requiring him to declare his assets.

Menara Ilham and many other properties in Kuala Lumpur and Penang.

The charge, brought under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, carries a maximum penalty of five years’ imprisonment or a RM100,000 fine upon conviction.

During the initial trial, Sessions Court judge Azura Alwi granted her bail in the amount of RM250,000 on single surety and instructed Na’imah to surrender her passport to the court.

Na’imah had previously obtained the temporary release of her passport several times, allowing her to travel to Switzerland, Singapore, London, Venice and China.

Her late husband, former Finance Minister Tun Daim Zainuddin, passed away on November 13 at the age of 86.

He was acquitted by the Session Court in a separate case on more than 70 charges of failing to declare assets after the prosecution withdrew the charges.

At today’s hearing before the Court of Appeal, Na’imah, lawyer Datuk Dr. He was represented by Gurdial Singh Nijar and Abraham Au, while deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin was also in the prosecution. — Bernama