Rafizi’s BAFIA challenge a delay tactic
Pandan MP and PKR secretary-general Rafizi Ramli’s move to challenge the constitutionality of the repealed Banking and Financial Institutions Act 1989 (BAFIA) which he has been charged under in connection with his exposés on the National Feedlot Corporation (NFCorp) in 2012 is a delay tactic, the company’s lawyer said yesterday.
Earlier today High Court Judge Yazid Mustafa had granted a stay of the criminal trial proceedings pending its determination of the constitutionality point.
“Rafizi’s challenge is pointless as the High Court, the Court of Appeal and the Federal Court have previously ruled that the charges against him were not mala fide, oppressive or politically motivated,” NFCorp’s lawyer Al Firdaus Shahrul Naing of Al Firdaus Syed Ismat & Co said.
He added that the claim was redundant and res judicata as the courts had already decided on the very same issue before.
“Rafizi can still raise this point during trial,” Al Firdaus added. “Thus, there is no need to refer this matter to the High Court.”
He said further that the application was merely an attempt by Rafizi to delay the trial, and that in doing so Rafizi was also delaying and denying NFCorp and its chairman Dr Mohamad Salleh Ismail’s “entitlement to justice and punishment on the very people who had wronged NFCorp and its chairman.”
Rafizi Ramli and ex-Public Bank Berhad 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.
If Rafizi Ramli is found guilty, he could be liable to a fine of up to RM3 million and a three-year imprisonment, and could also lose his MP status.