Kota Kinabalu: A lawyer and a teacher lost in their application for leave pertaining to their re-filing of an application for judicial review on the Government's decision to abolish the Teaching and Learning of Science and Mathematics in English (PPSMI) in Sabah. High Court Judge Datuk David Wong on Thursday dismissed the application filed by Marcel Jude Joseph and teacher Evelyn June Charlie.
A similar application by the applicants earlier was struck out on Feb 17 by another High Court judge, who ruled that the application was made out of time because the decision to abolish the PPSMI was made by the Federal Cabinet on July 8, 2009.
In the new application, the duo named the Minister of Education, the Ministry of Education and the Government of Malaysia as the first, second and third respondent, respectively.
They had contended that they had no knowledge of the Cabinet decision in 2009 and only knew of the decision to abolish the PPSMI when they were informed by Judge Dato' Abdul Rahman Sebli in his ruling.
They were seeking, among others, an order of certiorari in so far as the State of Sabah is concerned, to quash the respondents' decision to abolish the PPSMI and to continue implementation of the PPSMI, an order to restrain the respondents from abolishing the PPSMI and a declaration that the respondents' decision is ultra vires and unlawful.
In another case, the court deferred to June 26 its decision on an appeal by the prosecution against the acquittal of a man from a charge of attempting to cheat a man of RM1,000.
Wong set the date after hearing submissions from the prosecution and the counsel who represented the respondent, Razali Muhammad.
Government servant Razali, 33, was on June 22, 2011 discharged and acquitted by the Sessions Court from a charge of attempting to cheat one M. Pudin Eaiti by making him believe that he could help Pudin process an application for a government job by Pudin's sister-in-law Pamela Joan George.
The offence allegedly took place at 2pm on Feb 4, 2009 at the foyer between the Immigration Department and National Registration Department in the Federal Administrative Complex here.
Deputy Public Prosecutor Joyce Blasius from the Malaysian Anti-Corruption Commission appeared for the prosecution while Razali was represented by counsel Hamid Ismail.
