Ravinthran Paramaguru JCA:

Introduction

[1] This is an appeal against the dismissal by the High Court of an application by the appellant to refer 12 purported constitutional questions to the Federal Court. The questions pertain to a criminal trial that is still pending in the Sessions Court. The learned High Court Judge dismissed the application and ordered the trial to proceed in the Sessions Court. In this appeal, the appellant has applied for the case to be remitted to another High Court Judge for the application to be reheard.

Background Facts

[2] The appellant was arrested on 4 October 2016 for the purpose of a major corruption investigation involving the Sabah Water Department of which he was the deputy director. Other senior officers including the director and former deputy director were also arrested. They were charged in Court under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (the AMLATFPUAA). However, the appellant was not charged immediately. Instead, the prosecution instituted forfeiture proceedings in respect of his properties and monies.

The forfeiture proceedings instituted against the appellant in the High Co