Appeals Court adopts Federal Court ruling on reviewing own decision

PUTRAJAYA (July 18, 2011): The Federal Court’s ruling that it (the Federal Court), the appellate court and the High Court are empowered to review their own decision was adopted by the Appeals Court today.

In that landmark decision, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum in his written judgment dated June 15 this year held that the three superior courts were clothed with inherent power to review its own decision to prevent injustice or an abuse of court process.

However, he said, the courts, in exercising its power to review its own decision must be extremely cautious and could only do so in rare and exceptional cases.

Justice Malanjum was among five judges who sat on the Federal Court panel which unanimously made the ruling in a review application brought by a former policeman, Harcharan Singh, who was sentenced to death for murder.

The other judges were Court of Appeal president Tan Sri Alauddin Mohd Sheriff, Federal Court judges Datuk Hashim Yusoff and Datuk Abdull Hamid Embong and Court of Appeal judge Datuk Hasan Lah.

Today, the appellate court adopted this ruling when it pronounced its decision in a case involving an Iraqi businessman who was wanted by the Australian government for alleged human trafficking.

It (the appellate court) departed from its own ruling in Ishak Shaari vs Public Prosecutor and KTS News Sdn Bhd vs See Hua Realty Bhd and Anor which held that the appellate court did not have the jurisdiction to review its previous decisions.

Court of Appeal judge Datin Paduka Zaleha Zahari chairing a three-man panel together with Datuk Sulaiman Daud and Datuk Balia Yusof Wali said the appellate court had the power to review.

However, she said Sayed Omeid @ Ibrahim Ahmed Ismael’s case did not fall under the exceptional case which warranted a review.

The panel dismissed Sayed Omeid’s application to review the previous appellate court panel’s decision to remit his extradition case back to the Kuala Lumpur Sessions Court for determination of the merits of the extradition application made against him.

The Home Minister issued a directive to hold extradition proceedings against Sayed Omeid, 48, after the Malaysian government received a request from the Australian government on Sept 2 last year for his extradition.

The request was made according to Article 4 of the Extradition Treaty. The treaty was signed by the governments of both countries on Nov 15, 2005 and enforced on Dec 28, 2006.

On May 20 this year, the Court of Appeal allowed the prosecution’s appeal to set aside a decision of the High Court which had released and ordered Sayed Omeid’s deportation.

The High Court had ordered Sayed Omeid’s release and deportation to his country of origin after allowing his application to review a ruling of the Sessions Court which dismissed his preliminary objection made at the onset of his extradition proceedings on grounds of defect in the three charges of alleged human trafficking implicated against him by the Australian government.

The High Court also ordered that the extradition proceedings against Sayed Omeid be discontinued.

Sayed Omeid was arrested here while holding three international passports.

His other names were stated as Gunes Ekrem @ Akram Ogen @ Heider Mohsen Ehoobin @ Amir Achmad Hussainy @ Hussein Jamil Rasheed @ Albulushi Hassan Ismael @ Motamed Mon Fareed Farough.

He was represented by counsel Karpal Singh during today’s hearing. – Bernama

Posted by Broadcast.my on Jul 19 2011. Filed under Nation, News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry