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Abu Bakar Jais will remain on the five-man panel hearing former prime minister Najib Razak’s SRC International review bid.
January 19, 2023 2:20 PM
The Federal Court has rejected the application to remove Court of Appeal judge Abu Bakar Jais from the panel hearing Najib Razak’s review bid for his conviction and sentence in the RM42 million SRC International case.
The other four judges on the panel today are Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, and Federal Court judges Vernon Ong Lam Kiat, Rhodzariah Bujang and Nordin Hassan.
Najib’s lawyer Muhammad Shafee Abdullah had said that Abu Bakar should not be on the panel which he added should comprise only Federal Court judges, according to Section 74 of the Courts of Judicature Act 1974.
However, lead prosecutor V Sithambaram said that arrangements to co-opt a Court of Appeal judge are allowed under Article 122 (2) of the Federal Constitution.
He also said the objection against the judge must show a real danger of bias.
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PKR, through its secretary general Datuk Seri Saifuddin Nasution Ismail, had filed the suit in October 2020, after Zuraida and nine other PKR MPs defected from the party, triggering the fall of the Pakatan Harapan government.
https://www.theedgemarkets.com/article/coa-dismisses-zuraidas-rm10m-breach-bond-agreement-appeal
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September 06, 2022 16:58 pm +08
PUTRAJAYA (Sept 6): A three-member Court of Appeal (COA) bench has dismissed an appeal by Plantation Industries and Commodities Minister Datuk Zuraida Kamaruddin to strike out a RM10 million suit by Parti Keadilan Rakyat (PKR) against her for leaving the party in 2020 in breach of a bond agreement.
Judge Datuk Vazeer Alam Mydin Meera, who led the bench, declared that the High Court judicial commissioner had not erred in her decision, and that the appellate court decision was unanimous.
“The court finds that this is not a suitable case for this court to strike out the suit. The legality and validity of the contract needs a mature deliberation via viva voce (oral evidence). Hence this appeal is dismissed,” he said in a hearing conducted online.
Sitting with Vazeer were judges Datuk M Gunalan and Datuk Seri Mariana Yahya.
The court also ordered Zuraida, who is now with Parti Bangsa Malaysia, to pay costs of RM10,000.
Last November, High Court JC Datuk Seri Latifah Mohd Tahar disallowed the striking out application and ordered the case to go for a full trial, as she ruled there are triable issues to be decided.
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https://www.theedgemarkets.com/article/coa-dismisses-zuraidas-rm10m-breach-bond-agreement-appeal
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