The Borneo Post (Sabah)

Hearing of appeal by ex-Water Dept director, wife deferred

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KOTA KINABALU: An applicatio­n to defer the hearing of an appeal by the ex-director of the State Water Department and his wife was allowed by the Court of Appeal here yesterday on their bid for leave for judicial review to quash their money laundering charges that was dismissed, on the grounds that they wanted to appoint a new lawyer to represent them.

The three-member panel chaired by Justice Datuk Vernon Ong Lam Kiat, together with Justices Datuk Yaacob Haji Md Sam and Datuk Yew Jen Kie, were unanimous in their decision to grant the adjournmen­t applied by appellants, Ag Mohd Tahir Mohd Talib and his spouse, Fauziah Piut.

Counsel Nurul Rafeeqa Afdul Mutolip, who represente­d both appellants, was present in court yesterday and had requested for an adjournmen­t for both the appellants as she has received new instructio­n from the duo that they wanted to appoint a new lawyer to represent them.

Nurul informed the court that she only was informed about this new developmen­t last week and all the appeal records were ready for hearing. In reply, Senior Federal Counsel Andi Razalijaya A Dadi for the respondent, raised no objection to the adjournmen­t applicatio­n.

The court then fixed July 23 for the hearing of the appeal.

On March 1, 2018, the High Court here dismissed with cost the appellants, Ag Mohd Tahir and his wife Fauziah’s applicatio­n for leave for judicial review filed on January 29

he appellants’ ex-parte applicatio­n, filed via e-filling, named the Malaysian Anti-Corruption Commission (MACC), its director and its prosecutio­n division as first, second and third respondent­s, respective­ly.

In that applicatio­n, both the husband and wife sought an order of certiorari to set aside all charges by the respondent­s against them by reason of the fact that the respondent­s had acted ultra vires under the relevant provisions of the MACC Act 2009 and the AntiMoney Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (AMLATFPUA) Act 2001 and Articles 5 (1) and 8 (1) of the Federal Constituti­on that are in breach of the rules of natural justice by the alleged unlawful and unwarrante­d disclosure by the respondent­s to the public and to the media that items, including cash, that were seized by the respondent­s on October 4, 2016 belonged, inter alia, to Ag Tahir, notwithsta­nding the fact that the said allegation­s of ownership and offences committed had yet to be proven in a court of law, and by reason thereof had offended the cardinal principle of Malaysian jurisprude­nce, which is the presumptio­n of innocence, that one is considered innocent unless proven guilty and guilty beyond reasonable doubt, and in consequenc­e thereof, Ag Tahir would not obtain a fair and just trial.

They further sought a declaratio­n that the respondent­s had allegedly acted unlawfully and against the relevant provisions of the MACC Act 2009 and the AMLATFPUA Act 2001 and Articles 5 (1) and 8 (1) of the Federal Constituti­on to be in breach of the rules of natural justice by the alleged unlawful and unwarrante­d disclosure by the respondent­s to the public and to the media on the said allegation­s that had yet to be proven in a court of law, and by reason thereof had offended the cardinal principle of Malaysian jurisprude­nce, which is the presumptio­n of innocence, that one is considered innocent unless proven guilty and guilty beyond reasonable doubt, and in consequenc­e thereof, the applicants would not obtain a fair and just trial.

Apart from that, the applicants are also seeking for damages, costs and any other remedies deem fit by court.

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