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Wednesday, April 7, 2021

Ding and Dong Lose Appeals

 1. 



(April 5) Fed Court dismissed Zahid's application to consolidate 12 CBT charges 
3 member bench unanimously upheld ruling by Court of Appeal (June 23, 2020)
as well as High Court Justice Sequerah on Nov 8, 2019 on this application 

  • no merit in this appeal. We dismiss it, we affirm Court of Appeal
  • there is nothing illegal about [what prosecution did] 
  • judges ruled complaint not sustainable

Adverse publicity will not affect appellant's right to fair trial 


2.  


  • April 5 — Court of Appeal dismissed Najib application to adjourn appeal 
  • insufficient grounds to grant application 
  • unanimous no sufficient reason to adjourn hearing
  • disallowing application 

My comments :  

Just listen to the Courts' statements :

  • Zahid's case - no merit, not sustainable, we dismiss it
  • Najib's case -  insufficient grounds, no sufficient reason

It is so obvious that both Najib and Zahid were trying to buy more time. 

For how long? The General Elections are not due until 2023. I believe both these fellows will see their finality long before that. Most likely before the end of this year. Tick Tock Tick Tock Tick . . . 

So these applications, even if granted would not have helped them at all.

In other countries (especially Singapore) when they appeal a case to the higher Courts, the appellants must deposit a substantial amount of money with the Appeals Courts. If they lose their appeals, the money will be forfeited.

This is to discourage people from abusing the legal process. Especially rich people with a lot of money to throw around. Singapore started this a long time ago. 

It is a very good idea. Instead of only the lawyers getting rich from charging their legal fees the Courts also make money from appellants who lose their appeals.

It is a message - do not waste the Court's time. If you want the Court to spend valuable time  listening to your appeals then put down a security deposit. Say 10% of the amount in dispute. If you lose the case the money is gone too. 

Our laws and our Court procedures are just so Jurassic Park. We have to amend our Court procedures to be more efficient, especially where public interest cases are concerned.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

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