Appellate Court Dismisses Dr M Challenge S Against Ex Senior Judges




Prime Minister Dr Mahathir Mohamad's appeal over the questionable appointments of former chief justice Mohd Raus Sharif and then Court of Appeal president Zulkefli Ahmad Makinudin was today dismissed by the Court of Appeal
A three-member bench led by Justice Abdul Rahman Sebli said the decision was unanimous based on the application by the appellant. The court made no order as to costs
"We are of the view that since the first respondent (Najib Abdul Razak) is no longer the prime minister, it would be a redundant exercise in futility as candidly admitted by lawyer Mohd Haniff Khatri Abdulla himself," Abdul Rahman said
The other members of the bench were Justice Mary Lim and Justice Hasnah Mohamed Hashim
Mahathir had named then prime minister Najib, the Malaysian government along with Mohd Raus and Zulkefli as respondents. Among others, he wanted Najib to be compelled to advise the Yang Di-Pertuan Agong to revoke Mohd Raus and Zulkefli's appointment
He was not granted leave for a judicial review application in 2017, hence the appeal today against that decision
Haniff, representing Mahathir, said he felt the appeal could not be heard at the Court of Appeal as the appellate court would be bound by the Federal Court decision in the Malaysian Bar versus Mohd Raus and Zulkefli case which had been ruled as academic
"But Mahathir feels that it is not academic and it would be proper for the case to be reheard at the Federal Court. We are not withdrawing this appeal here and want the appellate court to dismiss it, so we can file an appeal to the Federal Court and have the matter revisited.""It is not proper for the Court of Appeal to decide and hear this appeal as two wrongs do not make a right," he added
Senior federal counsel Alice Loke (above), appearing for the government, told the court that as Mahathir is the prime minister, he can no longer force Najib to advise the Agong to remove the two
The Bar, represented by Steven Thiru who was brought in as amicus curiae (friend of the court), said he wanted the appeal to be heard as although Najib is no longer the prime minister, the government continues to be a respondent
The matter, Thiru said, is not academic as it is a live issue as there are applications filed to challenge the decisions made by the then Court of Appeal president
Haniff told reporters outside the courtroom that he would file an appeal to the Federal Court
"I wanted the court to dismiss the case, as the proper forum for it to be heard is at Federal Court for us to get a second bite of the cherry (after the Malaysian Bar) case."Mohd Raus and Zulkefli resigned from the top two posts on June 13 last year. Their appointments were questioned as they had reached the mandatory retirement age for judges at 66 years and six months. - Mkini

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