PUTRAJAYA (Jan 17): Parti Keadilan Rakyat (PKR) has filed an application at the Federal Court, for leave to appeal against the Court of Appeal’s (COA) decision last month, which reduced the bond amount that former Ampang Member of Parliament Datuk Zuraida Kamaruddin would have to pay for leaving the party, from RM10 million down to RM100,000.
PKR counsel Navpreet Singh said the motion to the apex court was filed on Jan 8, following the COA’s decision on Dec 11.
“The notice of motion for leave to the Federal Court was filed on that day, and the papers have also been served on Zuraida’s solicitors. The first case management is scheduled for Feb 10.
“Briefly, through the motion, PKR has proposed 12 questions of law to the Federal Court, challenging the COA’s decision to reduce the bond quantum from RM10 million to RM100,000, and seeking to reinstate the original amount,” Navpreet said in a statement to the press.
On Dec 11 last year, a three-member COA bench, led by judge Datuk See Mee Chun, had partially allowed Zuraida’s appeal by reducing the requirement for her to pay the bond, from the RM10 million that was ordered by the High Court, to RM100,000.
See, in the unanimous decision, said that the sum of RM10 million could not be construed as reasonable compensation.
“The bench found it to be unreasonable, extravagant, and unconscionable, and not in proportion to the legitimate interest sought to be protected. The High Court judge had also found that Zuraida had admitted the substantial value provided by the party far exceeds the RM10 million in the bond.
“Our finding that RM10 million is not reasonable compensation does not absolve Zuraida from any liability. The fact and finding remain that she breached the bond, and it follows that PKR is entitled to some reasonable compensation — but not RM10 million. We are of the opinion that such an amount ought to be [what was] spent in the 14th general election (GE14) for a parliamentary seat, which was RM200,000, [minus] Zuraida’s 22 months as an MP, and her contribution to the party and GE14 campaign.
“We think that these are valid facts of proportionality. Towards this end, we find that RM100,000 to be reasonable compensation [to PKR]. We find that the High Court judge was plainly wrong to have allowed PKR’s claim of RM10 million. However, we cannot ignore the breach of the bond by Zuraida, and we vary the amount payable to RM100,000,” See had said.
PKR, through its then-secretary general Datuk Saifuddin Nasution Ismail, had sued Zuraida in September 2020, after she left the party with nine others, having retained the Ampang parliamentary seat on PKR's ticket.
On June 23, 2023, the High Court had ordered her to pay RM10 million for leaving PKR.