Richard Malanjum CJ (Sabah & Sarawak):

(1) On 10 February 2011 we heard the application by the applicant under encl. (19 (a)). After hearing the respective submissions of learned counsel for the parties, we dismissed the application. We indicated that we would give our reasons. We do so now.

(2) Briefly put, the applicant applied under r. 137 (the rule) of the Rules of the Federal Court 1995 (the RFC) asserting that this court has the jurisdiction to review its own decisions pursuant to the rule or its inherent powers.

(3) Learned counsel for the applicant submitted that injustice had occasioned against the applicant and as such the rule should be invoked. The basis for such contention is that this court and the courts below failed to adhere to s. 8 of the National Language Act 1963 (the Act) when they delivered their respective judgments.

(4) As such, learned counsel urged this court to invoke its power under the rule or its inherent power in order to correct the alleged injustice on the ground that the judgments were a nullity and consequently the conviction and sentence passed against the applicant should be set aside.

(5) We do not propose to regurgitate herein the f