The Federal Court this morning ordered lawyers and DPPs present to check on provisions of law as to whether a matter concerning Ahmad Zahid Hamidi's passport could be heard in his absence.
This came after Zahid's lawyer Hisyam Teh Poh Teik told the court that the Umno president could not be present today as he had travelled to Pekan for the funeral of late Sultan Ahmad Shah of Pahang.
The five-member bench led by Justice Azahar Mohamed then asked both Zahid's counsel and the DPPs whether the case could proceed without the appellant's attendance.
The court allowed a short break for the lawyers checked on legal provisions pertaining to the matter.
Zahid is seeking the return of his confiscated passport which was impounded by the Kuala Lumpur High Court as part of his bail conditions after he was slapped with a total of 47 charges for money-laundering, criminal breach of trust and corruption.
The Umno president was absent from court today as he was attending the funeral of Sultan Ahmad Shah who passed away at the National Heart Institute yesterday morning. He was 88.
After a 10-minute break, the court went back into session and heard from Zahid's counsel Hisyam Teh Poh Teik that it could proceed to hear Zahid's case and make a decision in the appellant's absence.
This was supported by DPP Ahmad Sazlee Abdul Khairi who said that according to the Rules of the Federal Court, an appellant can be represented by a legal counsel who is allowed to argue the case on his behalf.
"An appellant or his advocate need to be present, meaning that the appellant (can be absent from court) when he is being represented by a lawyer who can argue on his behalf," Sazlee said.
The panel of judges then allowed for the hearing of Zahid's appeal to proceed.
Zahid, who is a former deputy prime minister, was appealing against a decision by the Kuala Lumpur High Court on May 3 which dismissed his application to have his passport returned temporarily.
In his application, Zahid had cited that he wanted the international travel document to apply for a visa to perform the umrah during Ramadan which he said had been an annual event for him.
The politician had brought his case to the Court of Appeal after his application was turned down by the High Court but the appellate court dismissed his appeal on May 14. - Mkini
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