LAST_UPDATESun, 15 Jul 2018 9pm

Rafizi Challenges Constitutionality Of Repealed BAFIA

SHAH ALAM -- Parti Keadilan Rakyat (PKR) secretary-general Mohd Rafizi Ramli today filed an application to refer to the High Court three constitutional questions in relation to the charge under the Banking and Financial Institutions Act (BAFIA) he is facing.

Mohd Rafizi, 38, who is also Pandan Member of Parliament, filed the application jointly with bank clerk, Johari Mohamad, 44, through Messrs Daim & Gamany, at the Sessions Court here.

Their lawyer, N.Surendran, told reporters that the application was expected to be heard at the Sessions Court before the trial began on April 27.

He said the application was made in accordance with Section 30 of the Courts of Judicature Act 1964 for a ruling on the question of whether the charge against Mohd Rafizi and Johari could continue as the BAFIA was repealed two years ago and replaced with the Financial Services Act 2013.

The lawyer said that an application had also been made on the question of whether the charge under BAFIA was unconstitutional as intention was not stated as an element of offence in the Act.

An application has also been made for a decision on the question of whether Section 87(2) of BAFIA can cause an individual to be guilty for answering any questions posed to him," he said.

Mohd Rafizi, who was also present at the court today, said the application was filed because the charge made against him was politically motivated and did not take into account the interests of the public.

Mohd Rafizi pleaded not guilty to disclosing Public Bank customer-profile documents comprising balance summaries relating to the National Feedlot Corporation (NFC), National Meat and Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and NFC chairman, Datuk Seri Mohamad Salleh Ismail, to media consultant Yusuf Abdul Alim and to The Star reporter Erle Martin Carvalho, at the PKR headquarters in Petaling Jaya on March 7, 2012.

The charge under Section 97(1) of the Banking and Financial Institutions Act (BAFIA) 1989, punishable under Section 103(1)(a) of the same Act, carries a maximum three years' jail or RM3 million fine, or both, upon conviction.

Johari also pleaded not guilty to conspiring with Mohd Rafizi on the same date and address.