In a 4-1 majority decision by the five-member bench, it held that there was no basis for a new panel of the Federal Court to review the earlier decision of the court.
He 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. "Therefore, at the time when the judgment of the Federal Court was pronounced, the Federal Court was properly constituted and the judgments delivered cannot constitute a nullity," he said.
Justice Azahar said the applicants' claim to question the composition of the panel of judges of the earlier Federal Court panel was without any merit, adding that they did not raise objections to the composition of the panel then. He said there was coram failure as the judges presided on the Federal Court earlier panel had never served at the High Court of Sabah and Sarawak, thus there was a complete lack of a judge of Bornean judicial experience in that panel.
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