Former deputy prime minister Ahmad Zahid Hamidi, who is facing 47 charges of money-laundering, criminal breach of trust and corruption, has failed to get his impounded passport returned to travel to Mecca to perform the umrah.
The Court of Appeal’s three-member bench, led by Justice Umi Kalthum Abdul Majid, was unanimous in its dismissal of the appeal.
The other members of the bench were Justices Harminder Singh Dhaliwal and Stephen Chung.
In delivering the decision, Umi Kalthum said the court is satisfied that the Kuala Lumpur High Court made due consideration in disallowing the appellant’s application.
Zahid was appealing against the High Court’s decision on May 3 to dismiss his application for the temporary return of his impounded passport to perform the umrah.
High Court judge Collin Lawrence Sequerah held that the performance of the umrah, although highly recommended during the fasting month, was not compulsory.
On Oct 19 and Dec 14 last year, Zahid pleaded not guilty to 46 charges, comprising 11 CBT charges, eight corruption charges and 27 money-laundering charges involving millions of ringgit belonging to Yayasan Akalbudi.
On Feb 20 this year, he was slapped with another CBT charge involving RM260,000 belonging to Yayasan Akalbudi.
The High Court has fixed Nov 18 to 22, Dec 2 to 6 and Dec 9 to 13 for the trial.
Earlier, Zahid’s counsel Hisyam Teh submitted that the High Court judge had failed to sufficiently appreciate that the application was made in good faith, and that the appellant had given his undertaking to the court that the passport would be returned.
“The learned High Court judge also failed to sufficiently appreciate that the appellant had given his flight and accommodation details both in Madinah and in Mecca, and that though the charges are serious, this fact was not adequately balanced with the cardinal principle of the presumption of innocence."
Zahid, who was given the opportunity to address the court, said: “I intend to perform the umrah as I have vowed to do so in accordance with the teachings of Islam, I plead with the court to allow my application based on my Islamic belief.”
Deputy public prosecutor Ahmad Sazilee Abdul Khairi objected to the appeal, saying that Zahid is facing 47 serious charges.
“It is not the government’s intention to prevent one from performing their religious obligation, but the accused is facing serious charges, and hence should be stopped from leaving the country.
"It is also to prevent any violation of bail conditions,” he said.