Rafizi, Johari remain free men after prosecution withdraws appeal against their acquittal

PUTRAJAYA (Dec 13): PKR vice-president Rafizi Ramli and former bank clerk Johari Mohamad remain free men, as the prosecution today withdrew its appeal against the acquittal of their Banking and Financial Institution Act (BAFIA) charges.

A three-member Court of Appeal bench led by Justice Datuk Yaacob Md Sam allowed the withdrawal. The other members of the bench are Justices Datuk P Ravinthran and Datuk Abu Bakar Jais.

It is understood that Attorney General Tan Sri Tommy Thomas signed the withdrawal of appeal on Monday.

Deputy Public Prosecutor Jasmee Hameeza Jaafar appeared for the prosecution.

Rafizi was represented by Ahmad Nizam Hamid, who thanked the prosecution for the withdrawal. Lawyer Shahid Adli Kamaruddin appeared for Johari.

On Nov 15, Shah Alam High Court judge Datuk Mohd Yazid Mustafa acquitted Rafizi and Johari of charges for disclosing documents comprising balance summaries relating to National Feedlot Corporation, National Meat & Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and NFC chairman Datuk Seri Dr Mohamad Salleh Ismail's bank accounts to media consultant Yusof Abdul Alim and The Star reporter Erle Martin Carvalho.

The court also discharged both men from their 30-month jail sentence.

Rafizi, 43, who was formerly Pandan MP, allegedly committed the offence at the PKR Headquarters in Merchant Square, Petaling Jaya, on March 7, 2012 and was charged under Section 97(1) of BAFIA.

Johari, 48, was charged under Section 112(1)(c) of BAFIA for conspiring with Mohd Rafizi on the same date and address.

Last week, it was reported that the PKR vice-president had complained about the prosecution filing an appeal against his acquittal, and Thomas, in an immediate response, said he had already instructed his officers not to file appeal but they had filed the notice of appeal against his instructions.

"As for the appeal against the acquittal, we are definitely going to withdraw it," the AG said.

The BAFIA case is the last one faced by the PKR vice-president as it was reported in June last year that he was let off with a bond of good behaviour for two years by the Court of Appeal for his conviction for violating the Official Secrets Act 1972, when he exposed a portion of the then classified 1Malaysia Development Bhd audit report.

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