PUTRAJAYA: The Federal Court here today fixed April 28 to deliver its decision on the Attorney General’s application to obtain leave to appeal on the existence of an additional document in the case involving former Prime Minister Datuk Seri Najib Tun Razak.
A three-member bench, chaired by Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim set the date after hearing submissions by Attorney General Datuk Mohd Dusuki Mokhtar and Najib’s counsel Tan Sri Muhammad Shafee Abdullah.
“We will not be making a decision today. We have fixed April 28 for decision at 9.30 am,” said Justice Hasnah, who sat with Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
Earlier, Mohd Dusuki in his first appearance in court after his appointment as the AG, proposed seven questions of law, stating that he had met the threshold requirements for leave to be granted down under Section 96 (a) and (b) Courts of Judicature Act (CJA) 1964.
Among the questions are whether Rule 7(3A) of the Rules of Court of Appeal 1994 imposes a higher threshold on parties seeking to introduce fresh or additional evidence by requiring proof of a “determining influence,” which exceeds the “important influence” threshold established in Ladd v Marshall, and whether the burden of proof regarding the existence of disputed fresh or additional evidence lies with the AG in his capacity when acting solely under Order 53 Rule 3(3) of the Rules of Court 2012.
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