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Friday, June 19, 2015

Court rejects Rafizi’s stay application, orders NFCorp trial to go on

PKR secretary-general Rafizi Ramli’s application for stay in the charge against him for allegedly leaking confidential bank details linked to the National Feedlot Corporation has been rejected by the Shah Alam Sessions Court. – The Malaysian Insider file pic, June 19, 2015. PKR secretary-general Rafizi Ramli’s application for stay in the charge against him for allegedly leaking confidential bank details linked to the National Feedlot Corporation has been rejected by the Shah Alam Sessions Court. – The Malaysian Insider file pic, June 19, 2015.
The Shah Alam Sessions Court has rejected an application by PKR secretary-general Rafizi Ramli to refer to the High Court questions over the constitutionality of the charge against him for allegedly leaking confidential bank details linked to the National Feedlot Corporation (NFCorp).

Sessions judge Zamri Bakar also rejected an application to stay the trial.
Rafizi's lawyer N. Surendran informed the court that he would be appealing the decision.

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 last month 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  • An accused person can be charged under Bafia (Banking and Financial Institutions Act) which had been repealed and replaced with another legislation; and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.
Today DPP Nazrul Nizam Mohd Zameri argued that the said constitutional questions did not arise in the case, in asking the court to deny Rafizi's application.
In rejecting Rafizi's application, the judge said that the questions on the constitutionality were being raised by the applicants and not by the court or the prosecution.
At this juncture, Surendran asked for a stay of the trial pending an appeal, but judge Zamri denied the stay and ordered for the trial to proceed on August 10.
Surendran told reporters that he would be filing an appeal against the rejection of stay as well, to the High Court as soon as possible.
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.

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