Appeals court strikes out Rafizi’s appeal on Bafia constitutional challenge
PUTRAJAYA: The Court of Appeal yesterday struck out an appeal by PKR vice- president Mohd Rafizi Ramli against the High Court’s dismissal of his reference to challenge the constitutionality of the Banking and Financial Institution Act 1989 ( Bafia) under which he was charged.
This was after deputy public prosecutor Jasmee Hameeza Jaafar informed the court’s three-man panel that the matter was fixed yesterday for Mohd Rafizi to withdraw his appeal.
However, the former Pandan member of parliament and his counsel were not present in court yesterday.
Jasmee Hameeza said Mohd Rafizi’s counsel had indicated during a case management on June 6, this year to withdraw the appeal and the court had notified him via a letter dated June 7, this year that the matter was fixed yesterday for him to formally withdraw the appeal.
Justice Datuk Ahmadi Asnawi, who chaired the panel, made the order for the appeal to be struck out. Presiding with him were Datuk Abdul Rahman Sebli and Datuk Kamardin Hashim.
On Feb 7 2017, the Shah Alam High Court dismissed Mohd Rafizi’s application to refer constitutional questions to the Federal Court.
Mohd Rafizi, 41, had sought to challenge the constitutionality of the now repealed Banking and Financial Institutions Act ( Bafia) 1989, arguing that it violated the provisions in Articles 5 ( liberty of a person) and 8 (equality before the law) of the Federal Constitution.
In 2013, Bafia was repealed and replaced with the Financial Services Act 2013.
On Feb 7, this year, Mohd Rafizi was sentenced to 30 months’ jail by the Sessions Court in Shah Alam after he was found guilty under Bafia for disclosing banking information of four parties to the media.
A former bank clerk Johari Mohamad, 47, was also given a similar sentence by the court after convicting him of conspiring with Mohd Rafizi to commit the offence. Johari Mohamad had earlier withdrew his appeal in respect to his reference on the constitutional challenge on Bafia.
The Sessions Court had granted a stay of execution of the sentence pending appeal to the High Court.
Mohd Rafizi was charged with disclosing documents comprising balance summaries relating to NFC, National Meat & Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and NFC chairman Datuk Seri Dr Mohamad Salleh Ismail’s bank accounts to media consultant Yusof Abdul Alim and The Star reporter, Erle Martin Carvalho.
He was charged with committing the offence at the PKR headquarters in Merchant Square, Jalan Tropicana Selatan, Petaling Jaya, on March 7, 2012.
On June 1, this year the Court of Appeal bound Mohd Rafizi over for good behaviour for two years for exposing a page of the 1Malaysia Development Bhd ( 1MDB) audit report.