The Sessions Court in Shah Alam today set June 19 to hear the case of PKR secretary-general Mohd Rafizi Ramli under the Banking and Financial Institutions Act (Bafia).

Judge Zamri Bakar, who set the date, will now hear the case because Judge Rozina Ayob recused herself on May 15 on the grounds that she was related to a witness in the case, National Feedlot Corporation (NFC) chairperson Mohamad Salleh Ismail.

On that date, the court was to have heard Mohd Rafizi’s application to refer to the High Court a matter pertaining to the constitutionality of the charge against him as the Bafia has been repealed.

Mohd Rafizi filed the application jointly with bank clerk Johari Mohamad.

The application was made in accordance with Section 30 of the Courts of Judicature Act 1964 for a ruling on the question of whether the charge against Mohd Rafizi and Johari could continue as the Bafia was repealed two years ago and replaced with the Financial Services Act 2013.

Rafizi’s lawyer had said that an application had also been made on the question of whether the charge under Bafia was unconstitutional as intention was not stated as an element of offence in the act.

Mohd Rafizi, 38, had pleaded not guilty to disclosing Public Bank customer-profile documents comprising balance summaries relating to the NFC, National Meat and Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and NFC chairperson Mohamad Salleh, to media consultant Yusuf Abdul Alim and to The Star reporter Erle Martin Carvalho, at the PKR headquarters in Petaling Jaya on March 7, 2012.

Johari, 44, had also pleaded not guilty to conspiring with Mohd Rafizi to commit the alleged offence at the same place and date.

- Bernama