PublishedJustice Azahar said it was not for the Federal Court review panel to resolve whether the earlier panel in the same case had interpreted or applied the law correctly or not for that it was a matter of opinion. — Reuters pic
Chief Judge of Malaya Tan Sri Azahar Mohamed and Federal Court judges Datuk Alizatul Khair Osman Khairuddin, Tan Sri Idrus Harun and Datuk Mohd Zawawi Salleh decided the majority decision while Chief Judge of Sabah and Sarawak Tan Sri David Wong Dak Wah dissented. Justice Azahar said the Federal Court had decided the three appeals with a 3-1 majority and was certainly not a 2-2 decision as claimed by the applicants.
He said although one of the three judges declined to answer the questions of law, it cannot be denied that for varying reasons the three judges, forming the majority, decided to allow the three appeals by the respondents in the case.
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