COMMENT My fellow Malaysians, kindly be reminded that the Federal Court has the inherent power to review or rehear the murder case of Altantuya Shaariibuu. That is not a mere perception. It is a reality.

In a TV3 interview last night, Prime Minister Najib Abdul Razak spoke about perception and reality brought about by the social media.

Najib said if perception is not checked, it becomes a reality. To a certain degree, I do agree with him.

But after I heard what he said, immediately, I had this sudden urge to explain about the powers of our Federal Court.

Many have the perception that once the Federal Court hands down a judgment, it is all done and dusted. However, in reality, the Federal Court has an inherent jurisdiction to review or rehear its own decision.

It is part of the Federal Court's power to do all things reasonably necessary to ensure fair administration of justice within its jurisdiction. That power is found within the very nature of our court of law.

It was held in decided cases that the Federal Court has the right to order a review of its decision to prevent injustice or an abuse of the process of the court. It is a very wide discretion.

Discretion will be used sparingly

However, that discretion will not be used liberally but only sparingly, in exceptional cases and on a case-to-case basis, where a significant injustice had probably occurred and there is no alternative, effective remedy.

Similarly in England, it has been held that the superior court has residual jurisdiction to reopen an appeal that it had already determined in order to avoid real injustice in "exceptional circumstances". English authorities are persuasive in our courts.

In addition, under the Courts of Judicature Act 1964, the Federal Court when dealing with an appeal in a criminal case may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the High Court.

So, there you have it. You cannot say that the Altantuya murder case is closed forever. If there is new evidence, the Federal Court can make a decision based on it.

Some may question the independence of the judiciary. I do, too. But I would urge all of you not to underestimate the powers of the Federal Court and its wide discretion.

To know more, you can read the Federal Constitution, the Rules of the Federal Court and the Courts of Judicature Act.

On another note, criticising or commenting on a court judgment does not mean you are questioning the integrity of the court. Judges are judged by their judgments. They can err, as much as they can be spot-on, when writing the grounds of judgment. They are human, after all.

However, there is no specific avenue for judges to reply to criticisms hurled against their decisions. All they can do is to stand by their judgments.

So, will the Federal Court review or rehear the case of Altantuya? That I cannot answer. I don't know what the future holds.

Altantuya is dead but the mystery surrounding her death is not going to die soon. Not until we get the answer to "who ordered" the two police commandos to murder her.

Former prime minister Dr Mahathir Mohamad wants to know. We all also want to know. Back to you, Sirul Azhar Umar!

G JEGATHESAN is a member of Team Malaysiakini.