The appeal hearing by National Feedlot Corporation Sdn Bhd’s (NFC) chairperson Mohd Salleh Ismail to strike out his two charges of criminal breach of trust at the Kuala Lumpur High Court has been postponed from today to Jan 27.

This follows the Attorney-General’s Chambers having filed an affidavit-in-reply which was only handed over to Salleh’s lawyers yesterday.

His lawyer, Al Firdaus Shahrul Naing, in applying for the postponement, today said they have to study whether to reply to this seven-page affidavit.

“Furthermore, the Sessions Court hearing for the matter is fixed from March 9 to 12 and there is ample time.

“In addition, main counsel Muhammad Shafee Abdullah ( left ) is overseas in Laos, representing the government in a treaty conference there,” he said.

Following this, Al Firdaus said they would like to apply for a short adjournment.

DPPs Syed Faisal Syed Amir and Muhd Ilmami Ahmad said they have no objection to the request.

The hearing of the appeal has been postponed since June.

High Court judge Mohd Azman Hussin agreed to the postponement and fixed two days from Jan 27 to hear the appeal.

The appeal follows the Sessions Court having rejected Salleh’s ( right in photo ) striking-out application on Nov 22, 2013 of his two RM49.7 million criminal breach of trust charges.

Sessions judge Norsharidah Awang ruled there was no defect in the charges and that they had a basis to be heard.

“This application is premature. The prosecution is entitled to submit documents in the trial and if there are issues that are disputed, it should be heard in a full trial,” she added.