English barrister Cherie Blair will have her appeal heard on Wednesday against a decision barring her from appearing in Malaysia's highest court to argue a case involving judicial bias.

A panel of judges at the Federal Court set the date to hear the appeal against the Kuala Lumpur High Court's decision to dismiss her application to be admitted as an advocate and solicitor on ad-hoc basis to represent construction company Fawziah Holdings.

This would mean that the substantive appeal between Fawziah and toll concessionaire Metramac Holdings Sdn Bhd - the hearing in which Blair is seeking to appear - will only be heard after disposing of her appeal.

"The court will hear the appeal by the Queen's Counsel (Blair) and if we allow her appeal, we will have to defer the appeal by Metramac to accommodate the QC's free dates," said Chief Justice Ahmad Fairuz Sheikh Ab Halim who headed the panel of five judges.

However if Blair fails in her appeal, he added, the court will proceed to hear the substantive appeal by Metramac.

Ahmad Fairuz was sitting with Federal Court judges Abdul Hamid Mohamad, Allaudin Mohd Sheriff, Richard Malanjum and Nik Hashim Nik Abdul Rahman.

Blair's case 'unconvincing'

On June 7, High Court judge Wan Afrah Wan Ibrahim ruled that Blair cannot appear before the Federal Court, saying the English barrister had failed to convince the court that she has special qualifications to argue on judicial bias before the Federal Court.

"While I acknowledge that the issues to be litigated before the Federal Court may be complex, I am in no doubt - and I agree with the opposing parties - that an experienced local advocate and solicitor will be able to handle such issues," said justice Wan Afrah.

Blair - known professionally as Cherie Booth - was sought by Fawziah Holdings to argue on the issue of judicial bias. This formed the main crux of the appeal by Metramac which was ordered to pay RM65 million to Fawziah Holdings for loss of advertising rights.

She is also expected to represent the company when the court hears the applications by former finance minister Daim Zainuddin and prominent businessman Abdul Halim Saad to expunge all references made in relation to them in a written judgment of the Appeals Court.

Court of Appeal judge Gopal Sri Ram had in the 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 Daim's patronage.

Other motions

In a related matter, lawyer Benjamin Dawson who is representing Fawziah Holdings said two motions have since been filed to strike our Metramac's memorandum of appeal on the basis that it has raised more than three questions set by the Federal Court.

The court in granting leave on May 15, 2006 framed three questions that are to be argued before it:

1. Whether the creation of trust under the sale agreement amounts to an illegal reduction of capital;

2. Whether the test adopted by the Court of Appeal was correct in its determination whether clause 8 of the Signage Agreements is a stipulation by way of penalty named in contract for purposes of Section 75 of the Contract Acts 1950; and

3. Whether the Court of Appeal's adverse remarks or findings show a real danger of bias on the part of the court of appeal in the judgment arrived at against Metramac.

"The appellants have raised issues above the three questions and that is why we think that it should be struck off," said Dawson.

He added that the motions will be heard before Metramac's appeal and the expunge applications are heard.