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BERITANASIONALChallenge on BAFIA charge, a delay tactic by Rafizi Ramli says NFCorp...

Challenge on BAFIA charge, a delay tactic by Rafizi Ramli says NFCorp lawyers

Banking and Financial Institutions Act 1989 (BAFIA)
Banking and Financial Institutions Act 1989 (BAFIA)

Pandan MP and PKR secretary-general Rafizi Ramli’s move to challenge the constitutionality of the repealed BAFIA banking law he was charged with violating in his exposés on the National Feedlot Corporation (NFCorp) in 2012, is a delay tactic.

High Court Judge Datuk Yazid Mustafa had today allowed an application by Pandan MP Rafizi Ramli to adjourn his trial for allegedly leaking confidential banking information linked to the National Feedlot Corporation (NFCorp) pending hearing the constituionality

“It is pointless for Rafizi to challenge the constitutionality of BAFIA as the High Court, the Court of Appeal and the Federal Court had unanimously opined and ruled that the charges against Rafizi under BAFIA are not mala fide, oppressive or politically motivated,” said lawyer Al Firdaus Shahrul Naing of Al Firdaus Syed Ismat & Co.

“Besides, Rafizi had overstretched himself in the various courts available to him.

“Hence Rafizi’s application is certainly redundant and res-judicata as the Courts had already decided on the said issue before.

“And when he appealed to the Federal Court, Rafizi did not put an application to raise this point. Even so, in view of being unsuccessful in striking out the charges, Rafizi could still raise this point during trial.

“Thus, there is no need to refer this matter to the High Court.”

“This application to challenge BAFIA is actually an attempt by Rafizi to delay the trial of the charges against him and Public Bank Berhad clerk Johari Mohamad and thus by extension, delaying and denying NFCorp and its chairman Datuk Dr Mohamad Salleh Ismail’s entitlement to justice and punishment on the very people who had wronged NFCorp and its chairman,” added Al Firdaus.

Rafizi Ramli together with Public Bank Berhad’s ex employee Johari Mohamad were arrested and charged at the Shah Alam sessions court on 1 August 2012 for violating Section 97 (1) of the Banking and Financial Institutions Act, 1989 (BAFIA). The case is now awaiting commencement of trial.

NFCorp lawyers said that if Rafizi Ramli is found guilty, he could be liable to a fine of up to RM3 million and a three-year imprisonment, and he could also lose his MP status.

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