PUTRAJAYA: The Court of Appeal today struck out an appeal by former president of the Association for the Protection of the Natural Heritage of Malaysia (Peka) Shariffa Sabrina Syed Akil to quash three charges of allegedly unlawfully occupying state land in Pahang.
A three-judge panel comprising Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Noorin Badaruddin, allowed the preliminary objection by the prosecution to strike out her appeal.
As a result, the trial against Shariffa Sabrina at the Sessions Court will proceed on Feb 24.
In delivering the court’s decision, Justice Ahmad Zaidi said the court agreed with the submission of deputy public prosecutor Afzainizam Abdul Aziz that the High Court’s decision was not appealable.
The judge said the High Court’s decision was not a final decision affecting Shariffa Sabarina’s rights under the law, particularly on her defence and thus, her appeal did not have merit.
The High Court had previously dismissed Shariffa Sabrina’s application to quash the charges on July 31, 2024. She then filed an appeal to the Court of Appeal.
In her application, Shariffa Sabrina, 62, claimed the charges preferred against her, were defective and brought in bad faith. She sought an acquittal and discharge from all three counts.
In March 2022, Shariffa Sabrina was charged at the Raub Sessions Court with committing the offences at 2 pm on June 10 and 11, 2021 at Lot 26148, GM4135 in Mukim Bentong; Lot 1053, PM0053 Mukim Ulu Dong; and Lot 10061, GM1572 Mukim Tras, all in Raub district in Pahang.
The state-owned land was allegedly turned into a resort area and used by Tanah Aina Fareena Cafe & Restaurant, Tanah Aina Fahad Glamping Resort, and Tanah Aina Farrah Soraya Exclusive Eco Resort for business activities.
The charges were framed under Section 425(1)(a) of the National Land Code 1965 which provides for a maximum fine of RM500,000 or imprisonment of up to five years upon conviction.
