In a puzzling development, the Sessions Court in Shah Alam today rejected the bid by Pandan MP Rafizi Ramli and former Public Bank officer Johari Mohamad to refer three constitutional questions on their charge under Banking and Financial Institutions Act (Bafia) to the High Court.

Sessions judge Zamri ‎Bakar dismissed their application to refer the matter to the High Court.

"Since the application did not come from the court or from the prosecution at the Sessions Court but from these applicants, the court rejects the said application," Zamri ruled.

The sessions judge also rejected counsel N Surendran's application for a stay of proceedings.

Following that, Zamri fixed Aug 10, 11, 12 and 20 as the trial dates for Rafizi and Johari on their charge under Bafia.

Surendran ( on the left in photo ) said following the decision today, they will file an appeal as soon as possible for a stay of hearing and against the decision.

Normally, as in sedition cases, referral on constitutional questions from the Sessions Court to the High Court is allowed.

Besides Surendran, lawyer Latheefa Koya appeared for Rafizi, who is also a PKR vice-president, and Johari, while DPP Nazrul Nizam led the prosecution.

Rafizi and Johari on April 2 filed the three questions to be referred to the High Court.

They argued that their charge under Bafia for revealing the accounts of the National Feedlot Corporation Sdn Bhd (NFC) was unconstitutional as the relevant section they were charged under was repealed two years ago.

Rafizi  and Johari also said the charge was unconstitutional as, like the controversial and draconian Sedition Act 1948, the prosecution need not prove intention.

Thirdly, Section 87(2) of Bafia is self-incriminating in that it requires suspects to answer all questions posed. Based on the three questions, the charge violated Article 5 of the Federal Constitution on the liberty of a person.

Whistleblowers not protected

Surendran, who is also Padang Serai MP, urged Attorney-General Abdul Gani Patail and the prosecution to drop the charge on Rafizi and Johari as what they were doing was also what former prime minister Dr Mahathir Mohamad was doing in questioning and exposing the 1Malaysia Development Bhd issue.

“The prosecution of the two who exposed the wrongdoings in NFC is a waste of public funds as the principal (in NFC) has been charged. Stop wasting public funds, drop the charges.

“The two should be thanked for the service they have done (with the expose),” Surendran said, adding that the existence of the Whistleblowers Act shows that it is a toothless tiger.

The government, or any entity, should be transparent in their dealings, he said, adding that this was what Rafizi and Johari have done, and what Mahathir was doing in questioning 1MDB.