SHAH ALAM, 19 June: The PKR Secretary General, Rafizi Ramli, failed to challenge the Banks and Financial Institutions Act (BAFIA) at the High Court after the Shah Alam Sessions Court rejected his appeal today.
Judge Zamri Bakar said that the three questions raised do not violate the Federal Constitution and the case will still be heard at the Sessions Court.
“The three issues raised by the applicant (the accused) is not in court or the prosecution,” he said, citing The Malaysian Insider.
Rafizi, together with bank clerk, Johari Mohamad, was accused of conspiring with him to file the appeal according to Section 30 of the Courts of Judicature Act 1964.
Among the constitutional questions that Rafizi and Johari wanted to refer to at the High Court is whether the charges against them may be continued even though the BAFIA has been repealed.
The second question is whether the charges under the BAFIA is unconstitutional as intention is not stated as an element of an offense under the act.
Rafizi, 38, who is the PKR Vice President, pleaded not guilty in disclosing documents of the bank account balance statement belonging to NFC, National Meat & Livestock Sdn Bhd, Agroscience Industries Sdn Bhd, and the bank account of the National Feedlot Corporation (NCorp) Executive Director, Datuk Seri Mohamad Salleh, to media consultant, Yusof Abdul Alim, and reporter from The Star, Erle Martin Carvalho.
He was charged with committing the offense at the PKR Headquarters in Merchant Square, Jalan Tropicana Selatan, Petaling Jaya, on March 7, 2012.
Rafizi was charged under Section 97 (1) BAFIA and can be punishable under Section 103 (1) (1) of the same Act which carried a maximum prison sentence of three years or a maximum fine of RM3 million or both if convicted.
NS
