Feb 27 hearing for ex State Water director, wife

 

KOTA KINABALU: The High Court has adjourned the hearing on a leave for a judicial review filed by an ex director of the State Water Department and his wife to quash all the charges against them at the Corruption Court.

Judge Ravinthran N. Paramaguru fixed Feb 27 to hear arguments from both the parties.

He set the date to give ample time for the respondents to file their submissions and reply from the applicants if any. Counsel Marcel Jude Joseph, who represented the two applicants, Ag Mohd Tahir Mohd Talib and his spouse Fauziah Piut, told the court that yesterday was fixed for hearing of their ex-parte application for leave and questioned whether there was any objection raised by the respondent to their application.

Senior Federal Counsels Andi Razali Jaya Dadi and Dorine Patrick who acted for the respondent answered that they will file their objection by way of written submissions and requested two weeks adjournment to prepare them.

On Jan 29, the applicants had filed their ex-parte application via e-filling and named Malaysian Anti-Corruption Commission (MACC), its director and its prosecution division as first, second and third respondents, respectively.

In that application, both the husband and wife sought an order of certiorari to set aside all the charges of the respondents against them at the said trial by reason of the fact that the respondents acted ultra vires against the relevant provisions of the MACC Act 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (AMLATFPUA) Act 2001 and Articles 5(1) and 8 (1) of the Federal Constitution in breach of the rules of natural justice by the alleged unlawful and unwarranted disclosure by the respondents to the public and to the media that items including cash that were seized by the respondents on October 4, 2016 belonged inter alia to Ag Tahir notwithstanding the fact that the said allegations of ownership and offences committed has yet to be proven in a court of law and by reason thereof offending the cardinal principle of Malaysian Jurisprudence which is the presumption of innocence that one is considered innocent unless proven guilty and guilty beyond reasonable doubt and in consequence thereof, Ag Tahir would not obtain a fair and just trial.

They further sought a declaration that the respondents allegedly acted unlawfully and against the relevant provisions of the MACC Act 2009 and the AMLTFPUA Act 2001 and Articles 5(1) and 8(1) of the Federal Constitution and in breach of the rules of natural justice by the alleged unlawful and unwarranted disclosure by the respondents to the public and to the media on the said allegations has yet to be proven in a court of law and by reason thereof offending the cardinal principle of Malaysian Jurisprudence which is the presumption of innocence that one is considered innocent unless proven guilty and guilty beyond reasonable doubt and in consequence thereof, the applicants would not obtain a fair and just trial.

Apart from that, the applicants are also seeking for damages, costs and any other remedies deem fit by court. Counsel Nurul Rafeeqa Afdul Mutolip was together with Marcel representing the applicants while the couple was not present in court. – ECA

 
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New Sabah Times