The High Court in Kuala Lumpur has fixed Feb 26 to hear an application by lawyers representing Institut Profesional Baitulmal Sdn Bhd's suspended chief executive officer Syed Omar Syed Agil to cross-examine the institute's director and an executive.

Justice John Louis O' Hara, who held the case management in chambers, has allowed Syed Omar's application to be heard first, rather than the inter-parte hearing to replace the temporary injunction obtained to stop his suspension and for the institute to conduct an internal inquiry on him.

Today was initially fixed for inter-parte hearing of Syed Omar's injunction.

Lawyer Amer Hamzah Arshad, who is acting for Syed Omar, said his client wanted the cross-examination of the two senior officers be held first following highly contentious matters raised in their affidavit filed in the inter-parte hearing of the injunction.

“The two had submitted an affidavit at the end of last month and as it is highly contentious, we asked that they be cross-examined first.

“The judge agreed that this matter had to be dealt with first,” said Amer Hamzah, who added that Syed Omar has to pay costs of RM3,000 for today's application.

He added that the court also fixed for mention on the inter-parte injunction hearing and also the originating summons be held on the same day.

Institut Baitulmal is represented by Fakhrul Azman Abu Hassan.

Suspended after lodging reports

It was previously reported that Syed Omar had filed the suit last Dec15, following the institute's action to suspend him after he had acted as a whistleblower by going to the police and the Malaysian-Anti Corruption Commission (MACC) after detecting some irregularities in the institute's finances.

The 55-year-old was appointed as CEO of the institute in July 2014. However, soon after his appointment he alleged there were discrepancies in the institution's financial affairs and lodged separate reports to the MACC on Aug 18, 2015 and with the police on Sept 1, 2015 for the institute to be investigated.

The MACC and police then stepped in to investigate the matter and classified the case as alleged criminal breach of trust under the Penal Code.

Syed Omar's lawyers consider their client as a whistleblower under the Witness Protection Act 2010 and said that he should be protected at all cost.

However, following the reports, the institute which is majority-owned by the Federal Territory Islamic Council, moved to hold an internal inquiry and suspended him effective Oct 7, 2015.

Syed Omar is seeking for his reinstatement as CEO, an order to quash the Oct 6 notice by the institute to hold an internal investigation, compensation following the suspension and other reliefs deemed necessary under the Witness Protection Act 2010.