In reversing the Sessions judge’s decision, the High Court said there was no suggestion by Musa that he could only be treated in Singapore or the United Kingdom.
The Kuala Lumpur High Court today set aside a Sessions Court order to release the passport of former Sabah chief minister Musa Aman, who had intended to travel overseas to receive special medical treatment.
Judge Mohamed Zaini Mazlan ruled that Musa had failed to prove that the treatment sought was not readily available in Malaysia.
“The burden lies on him to show that he would require special medical attention that is not readily available in this country.
“There is no suggestion by the accused that he can only be treated in Singapore or the UK.
“The accused is merely seeking treatment by the doctors of his choice. The presumption is that he can be readily treated in this country and the ailment that he is suffering from cancer can be attended to by doctors in the country. The correspondence (with the foreign specialist doctors) showed the same,” the judge reasoned.
The judge said while it was an undisputed fact that Musa was suffering from coronary ailments, the pertinent issue was whether to allow him to receive treatment and undergo further tests abroad.
On Jan 7, Sessions Court judge Rozina Ayob allowed Musa’s application for the release of his passport from Jan 15 to Feb 10, on condition that his travel be confined to Singapore and London.
She also ordered Musa to return his passport by Feb 11 and said the surety was required to be responsible for the accused and know of his whereabouts during that period.
The prosecution, however, filed a revision to reverse Rozina’s order on a fast-track basis.
Deputy public prosecutor Salim Shoib said Musa’s basis for seeking overseas treatment was not extraordinary, but weak, and did not reflect urgency.
Salim also submitted that Musa was a potential flight risk, which was why his passport was surrendered to the court when he was slapped with a slew of corruption charges last year.
He said a citizen’s freedom to travel overseas could also be curtailed.
Musa’s lawyer, Amer Hamzah Arshad, said he needed to check with his client if he should file an appeal.
On Nov 5 last year, Musa claimed trial to 35 counts of corruption involving US$63.3 million (RM263 million), involving timber concession contracts in Sabah.
He was allowed bail of RM2 million in two sureties.
Earlier report: Jan 7, Musa Aman Allowed to Seek Medical Treatment Overseas