ACC appeals Border Control case at the High Court
During the hearing, ACC explained that the order to cease acting on the agreement had been issued under the authority of the anti-corruption laws of the country. Based on the ACC regulations, its mandate cannot be deemed limited to only investigating cases of corruption, the commission added. ACC further claimed though the regulations had afforded the authority to facilitate the execution of its responsibilities, the Civil Court had failed to acknowledge such authorities of the Commission before issuing the verdict. The Commission also raised the issue of ‘conflict of interest’ by claiming that State attorney during the Civil Court case, Attorney General’s office Deputy Solicitor General Ahmed Usham had been a member of the tender board that had awarded the project to Nexbiz Limited. Countering the claims, Usham stressed that there were no grounds to raise a ‘conflict of interest’ issue. With regard to the case, ACC had also requested the High Court to issue a temporary stay order to halt the Border Control Project. Detailing the request, ACC said that if a temporary stay order is not issued the project would continue and if the project is completed before the High Court decides on the case, it would lose the chance for the ACC to make an appeal to the Supreme Court. However, the Chair of the High Court bench, Judge Azmirelda Zahir said any decision pertaining to the request for temporary stay order can only be taken after both the State and Nexbiz Limited has had the opportunity to present their respective cases. Civil court ruling earlier had stated that as the case involved an agreement between the government and Nexbiz Malaysia Company, and hence cannot be deemed void as the rights guaranteed by the contract law to the two parties should be protected.
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