THE Federal Court today unanimously rejected Umno president Ahmad Zahid Hamidi’s appeal for his passport to be returned temporarily to perform umrah this month.

The five-person bench led by judge Azahar Mohamed ruled that the Kuala Lumpur High Court decision was correct in not allowing for the passport to be returned to Zahid.

The bench said the high court has applied correct principles in dismissing his original application.

High court judge Collin Lawrence Sequerah on May 3 dismissed Zahid’s application, a decision that the Court of Appeal upheld on May 14.

“We agree with the learned judge that in the circumstances of the present case, where the appellant is facing multiple criminal charges, which are serious in nature, discretion may be exercised to prevent the appellant from leaving the country,” Azahar said, reading out the statement today.

“We find no good and valid reasons why we should interfere in the exercise of the high court decision that was affirmed in the Court of Appeal. We, therefore, dismiss the appeal and affirm the decisions of the courts below.”

Azahar said the panel found that Sequerah has considered “sufficiently and judiciously and took into consideration all the relevant factors” put forward by Zahid.

“It is an established principle of law, if the high court will allow the appellant’s application for the temporary release of the passport, is a question of an exercise of discretion of the learned high court judge.

“It is also an established principle that, as another court, we will not interfere in the exercise of discretion of a learned judge unless we are clearly satisfied that the discretion has been exercised on the wrong principle, or there has been a miscarriage of justice.”

On the panel were judges Alizatul Khair Osman Khairuddin, Abang Iskandar Abang Hashim, Idrus Harun and Nallini Pathmanathan.

Defence lawyers had earlier argued against Zahid’s flight risk, saying he has been performing the pilgrimage to Mecca annually for 30 years.

They also point to concessions by other courts to Umno lawyer Shafee Abdullah and Umno lawmaker Tengku Adnan Tengku Mansor, who got their passport returned temporarily despite the criminal charges filed against them.

“He (Zahid) still am a member of parliament. His family is here…  he could have fled much earlier when he was under investigation, when his passport was in his possession,” said lead defence lawyer Hisyam Teh.

Defence lawyer Kitson Foong added Zahid has co-operated with the Malaysian Anti-Corruption Commission when he was called up for questioning last year.

“He has surrendered himself, submitting himself to due process. It is a matter of public record that the applicant has shown nothing but respect to the rule of law,” Foong said, adding that the annual pilgrimage was not merely religiosity, but “out of his commitment to God to re-align his inner person in preparation of his criminal trial”. 

His defence lawyers added that tickets from Kuala Lumpur to Jeddah were bought on April 9 and that “private arrangements” have been made.

“The purpose is not to block them from performing their religious duties, but not ensure they do not take flight (before the trial),” said Foong.

Meanwhile, deputy public prosecutor Sazilee B. Abdul Khairi argued the circumstances in previous years are different now as Zahid is now facing “serious and numerous” criminal charges.

Zahid faces 47 counts of money-laundering, criminal breach of trust and corruption involving RM72 million in funds from Yayasan Akal Budi.

His trial is to start on July 8. – May 23, 2019.