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PUTRAJAYA (Bernama): The Federal Court’s seven-member bench has deferred its verdict to a date to be fixed on the Attorney General’s (AG) contempt of court application against Malaysiakini Dotcom Sdn Bhd and the Malaysiakini editor-in chief over the publication of readers' comments.
PUTRAJAYA (Bernama): Three Court of Appeal judges including two women were elevated to the Federal Court.
PUTRAJAYA (Bernama): The Federal Court here has dismissed former prime minister Tun Dr Mahathir Mohamad and former Batu Kawan Umno vice-chief’s application to review a previous court ruling in their misfeasance of public office lawsuit against Datuk Seri Najib Razak. Dr Mahathir and Datuk Seri Khairuddin Abu Hassan sought to review the earlier decision of the Federal Court which disallowed their application for leave to appeal against the High Court and Court of Appeal's decisions which struck out their lawsuit. A three-member bench led by Chief Judge of Malaya Tan Sri Azahar Mohamed, in a unanimous decision Tuesday (July 7), said the case was not an exceptional case for the court to exercise its review power. "In our opinion, the present application does not meet the strict requirements under Rule 137 of the Rules of the Federal Court 1995,” he said. Justice Azahar said the case of bias was not made up. "We did not see any miscarriage of justice,” added Justice Azahar, who presided with Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hasnah Mohammed Hashim. He also ordered the applicants to pay RM30,000 costs. Dr Mahathir and Khairuddin sued Najib on March 23, 2016, accusing the former prime minister (Najib) of having committed misfeasance in public office and acting in breach of his fiduciary duty over the management of sovereign investment fund 1Malaysia Development Bhd (1MDB). On April 28, 2017, the High Court allowed Najib's application to strike out the suit, ruling that the prime minister was not a public officer but a member of the administration. On Aug 30, 2017, the Court of Appeal dismissed the appeal brought by Dr Mahathir and Khairuddin. Dr Mahathir and Khairuddin could not proceed with their appeal in the Federal Court, in their bid to reinstate the suit as the Federal Court three-man bench led by former Chief Justice Tun Raus Sharif refused to grant them leave to appeal on Feb 27, 2018. In Tuesday’s proceedings, lawyer Haniff Khatri Abdulla, appearing for Dr Mahathir and Khairuddin, submitted that the decision of the earlier Federal Court panel to dismiss the leave to appeal application as well as the application for recusal of the Raus was unfounded. He argued that Raus should have disqualified himself from hearing the leave to appeal because Dr Mahathir had filed a judicial review to challenge the validity of his (Raus) appointment as additional judge after he reached the mandatory retirement age of 66 years. Raus, however, did not recuse himself and instead, went ahead to hear the leave to appeal application. Lawyer Datuk Wira Mohd Hafarizam Harun said the subject matter was academic as the Federal Court has already decided on the similar issue in the case involving Damansara MP Tony Pua Kiam Wee against Najib. He said the review was only for limited and exceptional circumstances and the applicants' case do not fit into these circumstances. Hafarizam said the decision by the previous Federal Court panel not to recuse Raus from hearing the leave to appeal was not biased and was a matter of discretion of the court. Senior federal counsel S. Nakunavathy held a watching brief for the government. – Bernama Keywords: Courts, Federal Court, Judicial Review, Public Officer, Mahathir Mohamad, Najib Razak, Khairuddin Abu Hassan, 1MDB
PUTRAJAYA: News portal Malaysiakini will be facing a contempt of court action by the Attorney General on July 13 over readers’ comments on the judiciary after it failed to set it aside at the Federal Court.
PUTRAJAYA: The Federal Court here has dismissed an application by Malaysiakini to set aside a contempt of court action filed by the Attorney General against the news portal over readers' comments on the judiciary.
PUTRAJAYA: The Federal Court’s nine-member bench will deliver its verdict on Aug 13 in the appeals brought by four individuals who are challenging the laws which impose the mandatory death penalty in drug trafficking and murder cases.
PETALING JAYA: Pasir Salak MP Datuk Seri Tajuddin Abdul Rahman has been appointed the chairman of Prasarana Malaysia Bhd, effective May 11.
PETALING JAYA: Former Court of Appeal judge Datuk Karam Chand Vohrah, better known as KC Vohrah, has died after a prolonged illness. He was 83.
KUALA LUMPUR: The High Court has been ordered to hear judicial reviews or appeals on movement control order (MCO) offences urgently in open court.