Bafia case: Prosecution withdraws appeal against Mohd Rafizi’s acquittal

PUTRAJAYA: PKR vice-president Mohd Rafizi Ramli (pix) remains free over charges of disclosing private banking details linked to National Fidlot Corporation (NFC) after the prosecution withdrew its appeal against his acquittal.

Deputy Public Prosecutor Jasmee Hameeza Jaafar told a panel of three judges of the Court of Appeal headed by Justice Datuk Yaacob Md Sam that the prosecution was also withdrawing its appeal against the acquittal of bank clerk, Johari Mohamad from charges of abetting with Mohd Rafizi.

He said the prosecution filed its notice to withdraw the appeal on Dec 9.

“As such, the prosecution is withdrawing both appeals,” he said and the court struck out the appeals.

“The order to discharge and acquit by the High Court is upheld,” said Justice Yaacob who presided with Justice P. Ravinthran and Datuk Abu Bakar Jais.

Counsel Ahmad Nizam Hamid who is representing Mohd Rafizi thanked the prosecution.

Mohd Rafizi, 43, and Johari, 49, who was represented by Shahid Adli Kamarudin were present in court.

The Shah Alam High Court on Nov 15 discharged and acquitted Mohd Rafizi and Johari from charges under the Banking and Financial Institutions Act (Bafia) after allowing their appeal to set aside the conviction and sentence of 30 months jail on them.

On Feb 7, 2018, the Shah Alam Sessions Court found Mohd Rafizi, guilty of revealing the bank account documents of the National Feedlot Corporation (NFC), National Meat & Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and the bank account of NFC chairman Datuk Seri Dr Mohamad Salleh Ismail to media consultant, Yusof Abdul Alim and The Star reporter, Erle Martin Carvalho.

He was charged with the offence at PKR headquarters in Merchant Square, Jalan Tropicana Selatan, Petaling Jaya on March 7 2012.

Mohd Rafizi was charged under Section 97 (1) of Bafia which could be sentenced under Section 103(1) of the same act which provides a maximum of three years in jail or a maximum fine of RM3 million or both upon conviction.

Also convicted of the offence was Johari who was charged under Section 112(1) © of Bafia for abetting with Rafizi on the same date and address. — Bernama

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