Zaid, Khairuddin lose bid for review of CJ’s ruling
(Bernama) – The Federal Court today dismissed the applications by former de facto Law minister Datuk Zaid Ibrahim and former Batu Kawan Umno vice head Datuk Seri Khairuddin Abu Hassan for review of an earlier federal court ruling not to grant them leave to appeal against the closure of investigations relating to a RM2.6 billion donation to the prime minister.
A three man-bench led by Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin held that the applications had no merit and did not fall within the principle and scope of Rule 137 of the Rules of the Federal Court 1995.
“We are of the view that it is not for this panel to consider whether the earlier panel of this court had or had not made the correct decision.
“Therefore we do not think it’s for us to decide whether there was actual real danger of bias as this issue had been heard and decided by the earlier panel,” said Justice Zulkefli who sat with Federal Court judges Tan Sri Hasan Lah and Tan Sri Aziah Ali.
The panel made the ruling after hearing submissions from Zaid’s lawyer Datuk Seri Gopal Sri Ram and counsel Mohamed Haniff Khatri Abdulla who represented Khairuddin, and senior federal counsel Datuk Amarjeet Singh who acted for the Attorney-General.
The duo had filed the review application to revisit the previous panel of the Federal Court on July 28 led by Chief Justice Tun Md Raus Sharif which had rejected a leave to appeal bid by the Malaysian Bar, Zaid and Khairuddin to challenge the AG’s decision over the closure of investigations relating to a RM2.6 billion donation alleged deposited into Datuk Seri Najib Razak’s account.
Justice Md Raus also rejected their bid for his recusal to hear the case, saying, any decision made would be based on facts before the court and on the law.
Earlier, Sri Ram submitted that there was real danger of bias on the part of Md Raus should he be allowed to preside over the case, as five days prior to the leave application hearing, the judge had been spotted attending the prime minister’s private religious function.
“This is a private function and no other judges were present. It does not give the right impression on the judiciary,” he submitted. However, SFC Amarjeet countered that the chief justice had not attended a private function but a religious event. He said the applications did not fall within the of scope of Rule 137 and therefore should be dismissed by the court as it was no finality if the court granted the applications.
On April 4, 2017, the Court of Appeal upheld the High Court’s Nov 11, 2016 decision to reject the Malaysian Bar, Zaid and Khairuddin’s application for leave for judicial review to challenge the AG’s decision.
The AG on Jan 26, found that Najib had not committed any crime in relation to allegations of a RM2.6 billion donation to the prime minister, transfer of funds by SRC International Sdn Bhd into the prime minister’s personal banking account, and provision of a loan by pension fund KWAP to SRC International.
On Feb 2, 2016, Zaid filed the leave application seeking an order to quash the AG’s decision and compel him to institute criminal proceedings against the prime minister under the appropriate provisions of the Penal Code and Malaysian Anti Corruption Commission (MACC) Act 2009.
On Feb 3, 2016, Khairuddin filed a similar application to challenge and quash AG Mohamed Apandi’s decision to exonerate Najib of any wrongdoing related to MACC’s investigations into the three issues.
In March 2016, the Bar followed suit with a similar application seeking to quash the decision communicated by the AG through a press release issued on Jan 26 that no criminal offence had been committed by Najib in relation to three investigation papers submitted by the MACC to the AG.
