The Star Malaysia

Okay for students to take on UM

Undergradu­ates get the nod to challenge disciplina­ry action taken against them

- By M.MAGeSWArI mages@thestar.com.my

SHAH ALAM: Five Universiti Malaya students, who were penalised for their involvemen­t in a talk featuring Datuk Seri Anwar Ibrahim last year, have been allowed to challenge the disciplina­ry actions meted out against them.

The five are former UM Undergradu­ates Associatio­n (PMUM) president Fahmi Zainol, Pro-Mahasiswa chairman Safwan Shamsuddin, Adam Fistival Wilfrid, PMUM vice president Haw Yu Hong and UM Muslim Students Associatio­n president Khairol Najib Hashim.

Four of them turned up yesterday when the High Court allowed their applicatio­n for leave to initiate judicial review proceeding­s.

Outside the court, they cheered the court ruling.

Fahmi and Safwan said they were happy as it would allow them to challenge the decision of the UM’s students' disciplina­ry committee which had either suspended or fined them or issued stern warnings over their alleged involvemen­t in the talk.

Yesterday, High Court Judicial Commission­er Azimah Omar granted leave to the five students for a judicial review applicatio­n. JC Azimah said the students had made a case for her to allow the applicatio­n for leave.

“It is not frivolous or vexatious for the case to be heard on its merits,” said the students' lead counsel Aston Paiva, who was assisted by co-counsel New Sin Yew. JC Azimah set July 23 for case management before a senior assistant registrar.

Senior Federal Counsel Hani Aziza Ismail appeared for the Attorney-General's Chambers, saying that it was due to it being a matter of public interest.

Lawyer Damian Kiethan, who acted for UM, said they would get further directives to argue on its merits during the hearing of the judicial review.

In their applicatio­n for leave, the students said that UM’s students disciplina­ry committee had on Dec 9 last year found them guilty of respective charges without giving them a chance to cross-examine the witnesses and inspect any documents in the matter.

They said the decision of the disciplina­ry committee was invalid, unreasonab­le and that there were errors of law and procedural unfairness in their case.

The students filed the applicatio­n on May 11 and named the UM students’ disciplina­ry committee, its appeal committee, its board of directors, its treasurer and the university as respondent­s.

They wanted to set aside their punishment­s and get a declaratio­n that UM (Discipline of Students) Rules 1999 and all charges were invalid.

Among others, they want the university treasurer to return the fines paid by the students over their alleged misconduct.

 ??  ?? Victory cheer: (From left) Adam Fistival, Fahmi, Safwan and Khairol are all smiles after the court’s decision.
Victory cheer: (From left) Adam Fistival, Fahmi, Safwan and Khairol are all smiles after the court’s decision.

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