PUTRAJAYA: Pandan member of parliament Mohd Rafizi Ramli has to stand trial in the Sessions Court for violating the Banking and Financial Institutions Act (Bafia).
This follows the Court of Appeal ruling yesterday which dismissed his appeal to strike out the charge.
A three-man bench chaired by Datuk Seri Mohd Apandi Ali said there was no merit in the appeal.
“Allegation that the charge is against public policy is not grounded in evidence,” Apandi said.
He ordered the trial to proceed expeditiously as it was a case of public interest.
The case is fixed for mention on June 10.
Earlier yesterday, Rafizi’s lawyer Sivarasa Rasiah urged the court to throw out the charge on grounds it was against public policy and the public prosecutor had bad intention in prosecuting his client.
Apandi told the counsel that the public prosecutor, who is also the Attorney-General, had been given wide discretionary powers under the Federal Constitution.
The judge said the court had inherent powers, including under the Criminal Procedure Code, to strike out charges but it must be of rare and exceptional circumstances.
Deputy public prosecutor Nahra Dollah did not make any oral submission on the instruction of the bench.
Apandi said the panel had read the written submissions of both parties.
On Nov 24, the High Court also dismissed the Parti Keadilan Rakyat strategic director’s application to set aside the charge on grounds it was premature.
He was charged with revealing four Public Bank customer-profile documents on the balance summaries of the National Feedlot Corporation (NFCorp), National Meat and Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and NFCorp chairman Datuk Seri Mohamad Salleh Ismail.
He allegedly disclosed the documents to media consultant Yusuf Abdul Alim and to The Star reporter Erle Martin Carvalho at PKR’s headquarters at Merchant Square in Petaling Jaya on March 7.
Sivarasa later told reporters he would file a stay of proceedings and appeal against yesterday’s ruling to the Federal Court.
Rafizi, 37, was elected Pandan MP after winning the seat by 26,729 vote majority in the May 5 election.
Read more: PKR’s Rafizi to stand trial for Bafia charge – Latest – New Straits Times http://www.nst.com.my/latest/pkr-s-rafizi-to-stand-trial-for-bafia-charge-1.284897#ixzz2UNlPK9MQ
NST V. Anbalagan