Prosecution wants decision to return Musa Aman's passport reviewed
The prosecution in Musa Aman's corruption case wants the Kuala Lumpur High Court to review the Sessions Court's decision last week which allowed the former Sabah chief minister to have his passport back.
DPP Salim Shoib said Musa could seek treatment in the country and told Justice Mohamed Zaini Mazlan that the Sabah politician could be a flight risk...
The prosecution in Musa Aman's corruption case wants the Kuala Lumpur High Court to review the Sessions Court's decision last week which allowed the former Sabah chief minister to have his passport back.
DPP Salim Shoib said Musa could seek treatment in the country and told Justice Mohamed Zaini Mazlan that the Sabah politician could be a flight risk.
"There has been an impropriety in the Sessions Court judge's decision for his passport to be returned to seek treatment," he added.
Salim said Musa is facing 35 charges of corruption, which are serious offences involving the loss of millions of ringgit.
"Hence, the High Court can review the Sessions Court decision under Section 323 (1) of the Criminal Procedure Code on the return of the passport.
"The court has to consider that, if convicted, the accused can stand to face a punishment of a minimum 14 days to 20 years in jail and five times the amount of graft received," the DPP added.
Salim said the Sessions judge should have used her discretion judiciously as it had to be backed by strong personal reasons and special circumstances.
"Some things must be done according to the proper procedure and justice. The Sessions judge did not give proper consideration in allowing the return of his international passport.
"The danger of him absconding after seeking treatment overseas is always there," he added.
The prosecutor further said that Musa's return home did not mean he gave full cooperation to the MACC as he had to be called in by the commission to give his statement.
It was previously reported that Musa, 68, left the country following the BN's loss of federal government and the Sabah government in the 14th general election. He only returned to the country in August.
Also appearing with Salim was DPP Raja Rozela Raja Toran.
On Jan 7, Sessions Court judge Rozina Ayob had allowed Musa's international passport to be returned, but for him to seek medical treatment in Singapore and London only, among other conditions.
No impropriety shown
Musa's lawyer Amer Hamzah Arshad (right in photo), who appeared with Ragunath Kesavan, told the court that the prosecution failed to show whether the Sessions judge had erred in her decision or if there was impropriety for the court to allow a review.
He said the prosecution must show there was an error or injustice in the Sessions judge's decision or that she exceeded in law in granting the return of Musa's passport.
Amer Hamzah added that it was improper for the prosecutor to ask their client to undergo treatment in the country, as Musa had undergone various tests abroad.
"Subjecting Musa to further strenuous tests again may affect and deteriorate his health further."
The lawyer said Musa had five stent procedures done since 1994 and this showed that the former Sabah chief minister needed treatment.
Furthermore, Amer Hamzah added, his client willingly returned to Malaysia in August, despite still seeking treatment in the United Kingdom, to help facilitate the investigation by the authorities.
"He came back against doctor's orders and had written to the MACC several times proposing for a meeting," he said.
Amer Hamzah said the chances of his client absconding are very remote as his passport would have to be renewed every five years, and the Session judge had imposed strict conditions in releasing the travel document.
The lawyer said that three specialists had provided medical reports on Musa's condition in seeking further treatment and this proved that it is vital for the former Sabah chief minister to make the trip.
Justice Zaini said he will deliver his decision tomorrow morning.
