Why did the High Court reject Bung Moktar and Zizie’s review applications?

Question

Accepted Answer

High Court Rejected Bung Moktar and Zizie’s Review Applications Due to Procedural Error

The High Court dismissed Datuk Seri Bung Moktar Radin and Datin Seri Zizie Izette Abdul Samad's applications to review a Sessions Court decision because the prosecution successfully raised a preliminary objection regarding the method of filing. The prosecution contended that the couple had employed an incorrect procedure by filing a notice of motion, arguing that a review should instead be initiated via a letter to the High Court.
Procedural Objection Raised by Prosecution

The prosecution's preliminary objection centred on the procedural avenue taken by Bung Moktar and Zizie Izette. They argued that the couple's choice to file a notice of motion was inappropriate for seeking a review of the Sessions Court's decision. This objection led to the dismissal of the review applications without a substantive examination of the merits of the case.
Incorrect Filing Method Cited

Specifically, the prosecution asserted that the correct method for initiating such a review was not through a notice of motion. Instead, it was argued that the application should have been presented as a formal letter addressed to the High Court. This distinction in procedural requirements formed the basis of the prosecution's successful challenge.
Appeal Proceedings Underway

Following the High Court's dismissal, the couple has lodged an appeal against this decision. The Court of Appeal has scheduled March 22 for a further case management session concerning this appeal. This indicates that the legal battle regarding the review applications is ongoing at a higher judicial level.

Reading history

Hide →

This history is cleared when the page is closed.

Why did the High Court reject Bung Moktar and Zizie’s review applications?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends