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