Zaid and Khairuddin’s PM probe bid dismissed again

PUTRAJAYA: The Federal Court has dismissed yet another attempt by DAP’s Datuk Zaid Ibrahim and former Batu Kawan Umno vicehead Datuk Seri Khairuddin Abu Hassan to revisit the case on the closure of investigations on a RM2.6bil donation to the Prime Minister.

The panel led by Court of Appeal president Justice Zulkefli Ahmad Makinudin (pic) dismissed the review application, ruling it did not fall within the principles and scope of Rule 137 of the Federal Court Rules 1995.

Rule 137 only applies to prevent injustice or to prevent an abuse of the process of the court.

The review was part of the duo’s application to set aside the Federal Court’s July 28 decision to refuse them leave to appeal against AttorneyGeneral Tan Sri Mohamed Apandi Ali’s decision to close the Malaysian AntiCorruption Commission (MACC) investigation on the Prime Minister.

“We are of the view it is not for the present panel to consider whether the earlier panel had or had not made an incorrect decision with the facts before them,” Justice Zulkefli said.

The duo also sought to review a decision by Chief Justice Md Raus Sharif not to recuse himself from hearing the application for leave in July.

In its July judgment, the Federal Court panel chaired by Md Raus had dismissed their application for leave to appeal, saying the Attorney-General’s power cannot be questioned in court.

Earlier yesterday, Zaid’s lawyer Datuk Seri Gopal Sri Ram submitted that there was real danger of bias on the part of Md Raus when he presided over the case, as five days prior to the leave application hearing, the judge had been spotted attending the Prime Minister’s private religious function.

“This is a private function and no other judges were present. It does not give the right impression of the judiciary,” he submitted.

However, senior federal counsel Datuk Amarjeet Singh countered that the Chief Justice had not attended a private function but a religious event.