By Ho Kit Yen | Free Malaysia Today
The Court of Appeal today allowed former Sabah Chief Minister Musa Aman’s bid to get his passport back temporarily to seek medical treatment overseas.
Justice Abdul Rahman Sebli said the High Court had erred in exercising its revisionary powers to set aside a lower court order that granted Musa permission to get his passport back.
“The Sessions Court’s order is now restored as we do not find any error in law committed by the trial judge in exercising her discretion to allow the accused to get his passport,” Rahman said in delivering the appeal court’s unanimous decision.
The other judges who sat with Rahman were Kamardin Hashim and Zabariah Mohd Yusof.
The prosecution in Musa’s corruption and money laundering cases filed for a revision of the Sessions Court’s order early this year allowing for the passport to be released from Jan 15 to Feb 10 to enable Musa to seek overseas treatment.
High Court judge Zaini Mazlan overturned the Sessions Court’s order and ruled that Musa had failed to prove the medical treatment he sought for his coronary-related problems was not readily available in Malaysia.
Zaini also said there was no suggestions put forward by Musa that he could only be treated in Singapore or the United Kingdom.
Musa is facing 51 charges for corruption and money laundering over Sabah’s timber concessions.
His trial will start on July 8 next year.
Musa was represented by lawyers Ng Aik Guan and Amer Hamzah Arshad. Deputy public prosecutor Dusuki Mokhtar appeared on behalf of the Attorney-General’s Chambers (AGC).
Amer later told reporters that Musa needs to get in touch with his doctors abroad and to fix new dates for consultation.
“The bail conditions set by the Sessions Court have been restored. On behalf of Tan Sri, we are pleased with the decision today,” he said.
The Sessions Court previously imposed several conditions on Musa, including reporting to the Malaysian embassy every three days as well as providing his address overseas before he could get the passport.