Pua files motion for leave to appeal judicial notice judgment

Petaling Jaya Utara MP Tony Pua has filed a motion for leave to appeal to the Federal Court the judicial notice judgment made by a three-member Court of Appeal panel that Prime Minister Najib Abdul Razak has been cleared with regard to allegations on the 1MDB scandal.

Pua’s lawyer Michelle Ng disclosed that the motion was filed in the Federal Court on March 9. Parties wanting to appeal to the Federal Court on civil cases have 30 days to file the appeal.

Leave has to be gained from the apex court before the full merits of a case or appeal can be heard.

On Feb 14, the Court of Appeal dismissed Pua's appeal to set aside the interim injunction imposed on him, following a suit Najib filed against Pua for claiming that the tabling of the amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 or Act 355 in Parliament was to divert attention from 1MDB.

The matter was fixed for case management today in Kuala Lumpur, before High Court judge Mohd Zaki Abdul Wahab, during which a fresh case management date - April 5 - was fixed.

Pua's lawyer Gobind Singh Deo said there was nothing before the court, in the form of affidavits from the attorney-general, the police, Malaysian Anti-Corruption Commission or Public Accounts Committee, that Najib had been cleared.

Following the dismissal of Pua’s appeal on Feb 14, Gobind had said, "While we respect today's decision, the matter has to be appealed as we have also pleaded justification, qualified privilege and fair comment in the defence, which formed the basis for the injunction not to be granted in the first place."

When the written grounds were released slightly over a week later, Justice Yaacob Md Sam said judicial notice can be takenwhen something is considered a fact, such as "the sun rises in the East and sets in the West".

Justice Yaacob said the findings by the AG and the MACC were widely reported and the fact that they were in the public domain could not be disputed.

"We are of the considered view that judicial notice ought to be taken by this court of the fact that the AG had made a decision that the plaintiff (Najib) did no wrong in regard to the 1MDB issue. Such a decision by the AG is within the framework of our Federal Constitution i.e. Article 145.

"The facts had therefore been established without the need of further formal proof of the same by witnesses," Justice Yaacob said in his 33-page judgment.

Many quarters, including former Federal Court judge Gopal Sri Ram and former prime minister Dr Mahathir Mohamad, have criticised the judgment. -Mkini