NFCorp: Challenge on BAFIA, a delay tactic by Rafizi

FMT LOGO FMT Reporters| April 22, 2015

If RafiziRamli is found guilty, he could be liable to a fine of up to RM3 million and a three-year imprisonment, and he could also lose his MP status.

rafizi-NFCorp

KUALA LUMPUR: Pandan MP and PKR secretary-general RafiziRamli’s move to challenge the constitutionality of the repealed BAFIA banking law he was charged with violating in his exposés on the National Feedlot Corporation (NFCorp) in 2012, is an attempt to avoid conviction.

“This application to challenge BAFIA is actually an attempt by Rafizi to delay the trial of the charges against him and Public Bank Berhad clerk Johari Mohamad and thus by extension, delaying and denying NFCorp and my entitlement to justice and punishment on the very people who had wronged NFCorp and me,” said Dr Mohamad Salleh, Chairman of NFCorp.

“I have consulted my lawyers and have been advised that it is pointless for Rafizi to challenge the constitutionality of BAFIA as the High Court, the Court of Appeal and the Federal Court had unanimously opined and ruled that the charges against Rafizi under BAFIA are not mala fide, oppressive or politically motivated. Hence Rafizi’s application is certainly redundant and res-judicata as the Courts had already decided on the said issue before.

“I am sure that he is certainly afraid to face the charges against him in view that he clearly lied, distorted and misrepresented confidential banking information by exposing such and breaking banking laws. And he knows that he is certainly guilty of such and he is not a whistleblower.

“I believe that if he is convicted, he would be disqualified as a member of parliament and that is something he is trying to avoid and delay.”

Rafizi together with Public Bank Berhad’sex employee Johari were arrested and charged at the Shah Alam Sessions Court on 1 August 2012 for violating Section 97 (1) of the Banking and Financial Institutions Act, 1989 (BAFIA). The case is now awaiting commencement of trial.

If RafiziRamli is found guilty, he could be liable to a fine of up to RM3 million and a three-year imprisonment, and he could also lose his MP status.