Rafizi challenges constitutionality of Bafia

SHAH ALAM: Pandan MP Rafizi Ramli and former bank employee Johari Mohamad are challenging the constitutionality of the repealed Banking and Financial Institutions Act 1989 (Bafia).
Both of them who are charged under the Bafia act for allegedly revealing confidential banking information in the National Feedlot Corporaton (NFC) issue, filed an application to refer questions of law to the High Court, through their lawyer N.Surendran at the Shah Alam High Court registry today. The application was made under Section 30 of the Courts of Judicature Act 1964.
Rafizi, 38, was charged with revealing four customer accounts profiles comprising the balance summaries relating to NFC, the National Meat and Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and NFC chairman Datuk Seri Mohamad Salleh Ismail.
He allegedly committed the offence at the Parti Keadilan Rakyat headquarters at Merchant Square in Petaling Jaya on March 7, 2012. The trial is fixed for May 26.
The charge under Section 97(1) of the Banking and Financial Institutions Act (BAFIA) 1989, punishable under Section 103(1)(a) of the same act, carries a maximum three years' jail or RM3 million fine, or both, upon conviction.
Meanwhile, bank clerk Johari Mohamad, 44, is also accused of conspiring with Mohd Rafizi on the same date and at the same place.
The charge under Section 112(1) (c) of the Bafia is punishable under Section 103 of the same Act.
Rafizi and Johari are seeking to know if Section 97 (1) of the Bafia is unconstitutional as the element of "intention" is not stated as an element for the offences under the act.
They are seeking to know whether Section 87 (2) of the Bafia can stop any individual, who is being investigated, to refuse to answer any questions that could show or lead to his guilt.
They are applying for all the proceedings against the applicant to be stayed pending the decision on the questions of law.
"We filed an application to challenge the constitutionality of the Sections under Bafia, under which Rafizi is facing charges," said
Surendran.
Surendran said Bafia was repealed and therefore, the charges against Rafizi should be dropped.