PUTRAJAYA: The Federal Court here has dismissed former PKR vice-president Datuk Zuraida Kamaruddin’s application to review its earlier decision allowing the party to appeal in her bond repayment case.
The apex court had earlier granted PKR leave to appeal against the Court of Appeal's ruling that reduced the bond repayment from RM10mil to RM100,000.
In a unanimous decision on Tuesday (April 7), a three-member bench chaired by Justice Datuk Rhodzariah Bujang held that the apex court would only grant a review where there are special and exceptional circumstances, and to prevent injustice.
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Justice Rhodzariah said the decision by the earlier bench to amend the draft question was merely to assist the court in determining the issue at hand before hearing the merits of the appeal.
"To our mind, the said amendment of the question is meant to seek a resolution of the appeal proper for future cases based on the factual matrix of this case.
"By refining the original question, it did not materially alter the question posed before the apex bench and does not amount to an exercise of excess jurisdiction in the matter.
"Therefore, we dismiss the application for review with costs of RM50,000,” said Justice Rhodzariah, who sat with Justices Datuk Mohd Nazlan Mohd Ghazali and Datuk Collin Lawrence Sequerah.
The matter is fixed for case management on Wednesday (April 8) to set a hearing date for PKR’s appeal.
Zuraida was sued in 2020 by then PKR secretary-general Datuk Seri Saifuddin Nasution Ismail on behalf of the party, claiming she had violated the terms of a bond signed before contesting in the 14th General Election in 2018.
Under the bond, among others, Zuraida was required to pay PKR RM10mil to the party within seven days if she resigned from PKR, joined another political party, or became an independent representative after being elected on the party’s ticket.
Earlier in 2020, Zuraida joined Bersatu following the Sheraton Move.
ALSO READ: Zuraida seeks PKR bond review
In her defence, Zuraida contended that she was forced to sign the bond to be able to stand for election as a candidate under the PKR banner.
On June 23, 2023, the Kuala Lumpur High Court ruled in favour of PKR and ordered Zuraida, the former Ampang MP, to pay RM10mil in accordance with the bond’s terms. The presiding judge, Justice Datuk Akhtar Tahir, held that the bond was a valid and binding contract.
On Dec 11, 2024, an appellate court three-member bench led by Justice Datuk See Mee Chun upheld the High Court’s ruling that Zuraida had breached the bond, but reduced the quantum payment from RM10 million to RM100,000.
On June 24 last year, the Federal Court granted PKR leave to appeal against the reduction. – Bernama
