Friday 29 Mar 2024
By
main news image

(August 3): The High Court today allowed an application by Pandan MP Rafizi Ramli to adjourn his trial for allegedly leaking confidential banking information linked to the National Feedlot Corporation (NFCorp) pending disposal of an appeal.

Rafizi, who is also PKR secretary-general, will now be able to refer to the High Court on the legality of the charge against him on leaking confidential bank information.

Judge Datuk Mohd Yazid Mustaffa said it was only proper for the appeal to be heard first  before deciding on the trial.

"The appeal should be heard first as it involved fundamental constitutional issues involving the accused," the judge said.

On June 19, the Shah Alam Sessions Court rejected an application by Rafizi to refer to the High Court questions over the constitutionality of the charge against him for allegedly leaking confidential bank details linked to NFCorp.

Sessions judge Zamri Bakar had also rejected an application to stay the trial.

Rafizi then filed an appeal to the High Court.

Lawyer N. Surendran who appeared together with Latheefa Koya said following today's ruling, the trial dates fixed for next month had been vacated. The High Court, however, has yet to fix the date for the appeal.

Rafizi was charged in August 2012 with revealing four Public Bank customer-profile documents on the balance summaries of the NFC, National Meat and Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and NFC chairman, Datuk Seri Mohamad Salleh Ismail.

He allegedly disclosed the documents to media consultant Yusuf Abdul Alim and to The Star reporter Erle Martin Carvalho at the PKR headquarters in Petaling Jaya on March 7, 2012.

Former bank officer Johari Mohamad was charged with conspiracy.

Rafizi in his challenge filed in May had wanted to refer three questions to the High Court whether:

    An accused person could remain silent during investigation to prevent being incriminated;
    An accused person can be charged under Bafia (Banking and Financial Institutions Act) which had been repealed and replaced with another legislation; and
    Bafia is unconstitutional as the prosecution need not prove intention, a key ingredient in a criminal trial.

On September 10, 2012, Rafizi filed an application in the High Court to strike out the charge on grounds that it was against public interest to charge him with revealing alleged abuse of public funds.

He then appealed to the Court of Appeal after his application was dismissed by the High Court on November 23, 2012.

On May 23, 2013, the Court of Appeal dismissed Rafizi's appeal to strike out the charge. – The Malaysian Insider

      Print
      Text Size
      Share