PUTRAJAYA, April 8 — Australian Dominic Jude Bird, who was acquitted and discharged by the Kuala Lumpur High Court on a drug trafficking charge last year, will remain in Malaysia pending disposal of his appeal.

This follows the Federal Court decision today that the warrant of arrest obtained against him by the prosecution was valid and constitutional.

A five-man bench headed by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin, in a unanimous decision ruled that Section 56A of the Courts Judicature Act (CJA) 1964 was constitutional.

The Section allows the prosecution to seek a remand order from the Court of Appeal (COA), pending disposal of appeals.

Other panel members were Tan Sri Ahmad Maarop, Datuk Zainun Ali, Datuk Jeffery Tan Kok Wha and Datuk Ramly Ali.

Zulkefli Ahmad, who read out the decision said Section 56A was drafted to deal with a specific purpose, mainly to ensure outcome of appeals would not be negatory or academic.

He said the bench agreed with the prosecution’s submission forwarded by head of the Appeals Unit of the Attorney-General’s Chambers Saiful Edris Zainuddin that Section 56A did not violate liberty and equality of any individual, as enshrined under articles 5 and 8 of the Federal Constitution.

“Section 56A is not discriminatory in nature and it applies to all, whether they are citizens or not,” stressed Zulkefli Ahmad, before ruling that there was no merit in Bird’s application to set aside the warrant obtained by the prosecution from COA on Sept 10, last year.

On Sept 17 last year, COA granted the Perth-born businessman RM50,000 bail with two sureties and ordered Bird, 34, to report to the nearest police station at 5pm every Monday, pending the appeal.

Thirteen days earlier, Bird was acquitted and discharged by the Kuala Lumpur High Court after ruling the defence had succeeded in raising a reasonable doubt on the prosecution’s case on a charge of trafficking methamphetamine weighing 167.8gm at a coffee outlet in Jalan Yap Kwan Seng here on March 1 last year.

However, the Australian was detained by immigration officers on the same day his visa had expired.

In related development, the COA is scheduled to hear the prosecution’s appeal proper on July 9.

During today’s proceedings, Bird was represented by counsels Tania Scivetti and Y. Sheelan Samuagam. — Bernama