The Federal Court in Putrajaya has fixed Dec 15 to hear the applications from former de facto law minister Zaid Ibrahim and former Umno division leader Khairuddin Abu Hassan to review its ruling not to grant them leave to challenge attorney-general Mohamed Apandi Ali's decision not to charge Najib Abdul Razak on the 1MDB scandal.
The matter came up for case management today, at which the cases filed by Zaid and Khairuddin were called before Federal Court deputy registrar Syahrin Jeli Bohari and the date was fixed.
This was related by lawyer David Yii from the Sri Ram law firm, who appeared for Zaid.
Zaid had two weeks ago filed an application to review the July 28 Federal Court decision, led by Chief Justice Md Raus Sharif, at which Zaid sought to have the case reheard before a new panel.
In the former minister's affidavit in support of the review, Zaid claimed that Justice Md Raus (photo) did not apply the correct test in his decision to dismiss their application to recuse himself.
He also cited that the real target of his judicial review application was Prime Minister Najib, who he claims is a suspect in the criminal investigations relating to the receipt of large sums of monies in his Ambank Islamic personal accounts.
"It was the suspect who recommended the appointment of the chief justice to his position. Besides this, there is a strong personal relationship between the chief justice and the suspect (Najib).
"This is evidenced by the fact that the chief justice attended a religious ceremony held by the suspect on the suspect’s birthday. No other members of the Federal Court were present at that function," Zaid claimed in his affidavit.
The former minister also appended photographs of Justice Md Raus in attendance at Najib's tahlil event last month, several days before the scheduled hearing of the appeals on the matter from Zaid, Khairuddin and the Malaysian Bar. The event was held following Najib's birthday.
The former minister said that his move for the review of the July 28 decision falls within Rule 137 of the Rules of the Federal Court 1995.
Rule 137 states: “For the removal of doubts, it is hereby declared that nothing in these rules shall be deemed to limit or affect the inherent powers of the court to hear any application or to make any order, as may be necessary, to prevent injustice or to prevent an abuse of the process of the court.”
Zaid filed his judicial review application following Apandi's announcement, at a press conference in January last year, clearing Najib of any wrongdoing in the 1MDB scandal.
Similar challenges were filed by the Malaysian Bar after an extraordinary general meeting it held last year and also by Khairuddin, who was also affected when he was detained under the Security Offences (Special Measures) Act 2012 for lodging reports on 1MDB funds overseas.