Penang-based activist Muhsin Abdul Latheef's application to the Court of Appeal to review the High Court decision to acquit Finance Minister Lim Guan Eng and Phang Li Koon (photo) of graft charges has been fixed on Nov 22.
The duo was implicated over two counts of corruption involving the purchase of a bungalow in Penang when Lim was then chief minister.
The High Court freed the duo last year after the Attorney-General's Chambers accepted representations from their lawyers.
The final case management was held today before Court of Appeal deputy registrar Darmafikri Abu Adam in Putrajaya.
Muhsin's lawyer Gunamalar Joorindanjn said the parties were ordered to file and serve their written submission two weeks before the hearing.
Gunamalar said Muhsin is now appealing against the decision by the High Court to acquit Lim and Phang on Sept 3 last year.
In his application, Muhsin asked that the acquittal of Lim and Phang is substituted with a discharge not amounting to acquittal so that a future Attorney General may consider re-charging them.
"Unlike the Sessions Court or Magistrate's Court, the High Court is a court of unlimited jurisdiction vested with the inherent power to make any order to prevent injustice or abuse of power," said Gunamalar.
On Oct 10 last year, Penang High Court judge Hadhariah Syed Ismail dismissed Muhsin's application for the High Court to review its decision to acquit Lim and Pang.
The respondents (Lim and Phang) raised preliminary objections that Muhsin has no locus standi to make this application, and the High Court cannot review its own decision.
Gunamalar said Muhsin has locus standi as he is not a complete stranger in the proceeding.
"He is the complainant and was the first witness of the prosecution.
"In any event, the High Court can act on its own motion (suo moto), regardless of whether or not Muhsin has locus standi, " she added.
Lawyer Ramkarpal Singh, who is also the Bukit Gelugor MP, acted for Lim while V Sithambaran represented Phang. - Mkini
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