KUALA LUMPUR: The High Court here today fixed Nov 24 to decide on the Attorney-General's Chambers' (AGC) application to strike out the originating summons (OS) filed by a North Korean businessman against the government of Malaysia, the government of the United States and three others over his extradition to the United States.
Judge Datuk Noorin Badaruddin set the date after hearing submissions by Senior Federal Counsel (SFC) Ahmad Hanir Hambaly and counsel Datuk Nicholas Kow and Emile Ezra Hussain representing Mun Chol Myong, 56.
Nicholas submitted that the plaintiff's fundamental rights have been breached and he was wrongfully extradited without compliance with the laws of this country as enshrined in the Federal Constitution.
"The plaintiff submits that the OS deserves to be heard and decided on its merits, and dealing with it through a summary process would render his guaranteed right under Article 5 and 8 of the Federal Constitution out rightly denied," he said.
He pointed out that in the event this court allows the defendant's application to strike out the OS, the plaintiff will be heavily prejudiced as his rights under the Federal Constitution would have been stripped without any avenue to remedy the injustice.
Ahmad Hanir argued that the legal action brought by the plaintiff has become academic after he was extradited to the US on March 17, 2021 and therefore sought for the OS to be struck out.
On March 8 this year, Mun filed the OS by naming the public prosecutor, Home Minister, Home Ministry (KDN), the government of Malaysia and the US government respectively as the first to fifth defendants.
Mun applied for a declaration that Section 4 and Section 20 of the Extradition Act 1992 were unconstitutional, void and invalid and of no effect as they were contrary to the Federal Constitution as well as the 8th and 14th Amendments of the United States Constitution.
He also sought an injunction to restrain the US government from taking action through the Home Minister of Malaysia, KDN and the government of Malaysia through an Extradition Agreement between the two countries signed on Aug 3, 1995.
On May 13, 2019, the prosecution applied to the Magistrate's Court here for a warrant of temporary arrest on Mun which was allowed on the same day.
On June 10, 2019, the United States submitted an official application through diplomatic channels to the Malaysian government for Mun to be extradited.
In the extradition application, it was stated that Mun was a fugitive criminal who was required to attend trial in the US following an arrest warrant issued to him on charges of money laundering conspiracy.
-- BERNAMA
Bernama
Mon Nov 15 2021
Judge Datuk Noorin Badaruddin set the date after hearing submissions by Senior Federal Counsel (SFC) Ahmad Hanir Hambaly and counsel Datuk Nicholas Kow and Emile Ezra Hussain. - File photo
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.