Fawziah Holdings who is set to defend a RM65 million judgment obtained against toll concessionaire Metramac Holdings Bhd had failed to get a seven-member panel of judges to hear the appeal at the Federal Court.

The Federal Court today rejected Fawziah Holding's application and held that the appeal which will be held on June 14 will be heard by a five-member team as decided earlier by Chief Justice Ahmad Fairuz Sheikh Abdul Halim.

The decision was made administratively by deputy registrar Kamarudin Kamsun who has since notified both parties on the matter. Reasons given to the parties are not known.

On May 29, Fawziah Holdings through its solicitor Messrs Noraisyah & Co filed the application seeking that the June 14 appeal be heard before a seven-member panel of judges. Metramac filed an objection immediately on the next day through its solicitor Messrs Cheah & Su

In making the application, Fawziah Holdings claimed that it was pertinent that the matter is heard before a larger panel of judges as it will be the first time for the court to question a judgment of an Appellate Court on the basis of judicial bias.

"The very question that will be dealt in the appeal is whether the Court of Appeal's adverse remarks in the circumstance of this case, when viewed objectively, shows a real danger of bias on the part of the Court of Appeal in the judgment arrived against the applicant (Metramac).

"This questions seek to address the decision making process of the judges at the Appellate Court level. It is obvious that this is an appropriate case for the corum to be enlarged to a seven-member panel of judges."

Delay tactic

Metramac in its objection argued that the five-member panel of judges is sufficient to deal with the issues which will be raised in the appeal.

It also accused Fawziah Holdings of trying to delay the appeal.

"The application (for a seven-member panel) was made two weeks after leave to appeal was obtained and it is less than two weeks before the hearing of the appeal and could be an act to delay the matter."

On June 14, the Federal Court is set to hear Metramac's final appeal to set aside the RM65 million judgment awarded to Fawziah Holdings for loss of advertising rights.

On the same date, the court is also set to hear applications by former finance minister Daim Zainuddin and high-profile businessman Abdul Halim Saad to expunge all references made in relation to them in the written judgment of the Appeals Court when ruling in favour of Fawziah Holdings.

Court of Appeal judge Gopal Sri Ram had in his judgment stated that Halim and his business partner Anuar Othman had siphoned RM32.5 million from Metramac, the owner and operator of the East-West Expressway and the Sungai Besi Expressway, and that they had enjoyed the patronage of Daim.

Fawziah Holdings has since sought the service of Queen Counsel Cherie Blair - who is also the wife of British prime minister Tony Blair- to argue on the issue of judicial bias in the appeal.

Blair will only know tomorrow whether the Kuala Lumpur High Court will allow her to represent Fawziah Holdings in the appeal.