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Zaid Ibrahim files for review over challenge on AG’s decision

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Former de facto law minister Datuk Zaid Ibrahim today filed an application for review of the Federal Court’s decision denying him leave to appeal over his challenge on Attorney-General (AG) Tan Sri Mohamed Apandi Ali’s decision on investigations involving a RM2.6 billion donation.

In a notice of motion filed at the Federal Court registry today, Zaid sought the court to set aside the Federal Court’s dismissal of his leave to appeal application.
Zaid also wants a fresh Federal Court bench to be constituted to re-hear his application.

On July 28, this year, a Federal Court three-man chaired by Chief Justice Tan Sri Md Raus Sharif dismissed the leave to appeal bid by the Malaysian Bar, former Batu Kawan UMNO division vice-chief Datuk Seri Khairuddin Abu Hassan and Zaid.

Justice Raus, in his ruling, had said that the AG’s exercise of discretion under the Federal Constitution could not be questioned in the court.

The three sought leave to appeal to the Federal Court against the high court and appellate court’s refusal to give them leave to commence judicial review to challenge the AG’s decision over the closure of investigations relating to a RM2.6 billion donation which was deposited into Prime Minister Datuk Seri Najib Tun Razak’s bank account.

In his affidavit supporting his application, Zaid, now a DAP member, claimed that the Federal Court three-man panel had used the wrong test to dismiss his application for Justice Raus’s recusal to hear his leave to appeal application, therefore the panel’s decision in rejecting his leave to appeal was null and void.

On the same day, (July 28, this year), Justice Raus dismissed the application brought by the Bar, Khairuddin and Zaid for his recusal, saying that the application did not have merit as he would decide the case according to the law and facts.

The Bar sought for Raus’s recusal on grounds that it would be instituting legal proceedings over the constitutionality of the latter’s continued appointment as chief justice after mandatory retirement.

Meanwhile, Khairuddin’s lawyer, Mohamed Haniff Khatri Abdulla confirmed that his client had also filed an application for review of the July 28 decision yesterday on grounds similar to Zaid’s.

He said Justice Raus rejected their application for his (Raus) recusal which was made on grounds that were conveyed to the court’s deputy registrar on July 28.– Bernama