Pandan MP and PKR vice-president Rafizi Ramli and former Public Bank officer Johari Mohamad have today filed an application at the Shah Alam Sessions Court to refer three constitutional questions to the High Court.

The filing today was made by the firm of Daim and Gamany, where his lawyer N Surendran was also present.

Both argued that the charge they are facing under the Banking and Financial Institutions Act (Bafia) in revealing the accounts of the National Feedlot Corporation Sdn Bhd (NFC) is unconstitutional as the relevant section was repealed two years ago.

Furthermore, Surendran ( left in photo ) said the charge is unconstitutional as, like the controversial and draconian Sedition Act 1948, the prosecution need not prove intention.

Thirdly, he said Section 87(2) of Bafia is self-incriminating in that it requires suspects to answer all questions posed.

Surendran, who is also Padang Serai MP, said based on these three questions, the charge violated Article 5 of the federal constitution regarding Liberty of a Person.

He added that the act of the attorney-general in charging Rafizi and Johari is to scare any potential whistleblowers as in the NFC case the principal in the case, ie Mohd Salleh Ismail ( centre in photo ), was also charged based on Rafizi’s expose.

It is likely that the Sessions Court will hear the application next week when the case was initially fixed for trial.

However, Surendran said this application would have to be disposed of first.

Rafizi, who was jointly charged with Johari in 2013 under Bafia, said he is the first to be charged in the country for violating the secrecy of the bank.

'Politically-motivated charge'

“This is a politically-motivated charge against me and this is an abuse of the court process. Efforts should be made to recover the RM250 million loan given to NFC.

“I am challenging this all the way for the benefit of whistleblowers especially among the common people. It is important that the people and public expose such wrongdoings. There is a need to make sure that whistleblowers are protected,” he said.

Earlier, this month it was reported that the Federal Court had dismissed his application to strike out the charge against him for leaking out confidential banking information.

This follows Court of Appeal president Justice Md Raus Sharif, who led a five-member bench, ruled that the apex court does not have jurisdiction to hear the appeal as it originated from the Shah Alam Sessions Court. The other judges in the panel were Justices Ahmad Maarop, Zainun Ali, Jeffrey Tan Kok Wha and Abu Samah Nordin.