Federal Court 'No' to construction of Mazu, Goddess of the Sea
He was also asked to personally pay RM100,000 to incumbent Chief Minister Datuk Seri Musa Aman and three others for litigation costs at the Federal Court and lower courts.
Monday's unanimous decision was from a five-man bench led by Court of Appeal President Tan Sri Alauddin Mohd Sheriff. The rest are Chief Judge of Malaya Tan Sri Arifin Zakaria and Federal Court judges Tan Sri Zulkefli Ahmad Makinudin, Tan Sri Mohd Ghazali Mohd Yusof and Tan Sri James Foong Cheng Yuen.
The panel, however, did not give any grounds for the dismissal of the application.
Chong had sued Musa and three others in his capacity as chairman of the Kudat Thean Hou Charitable Foundation after the Kudat Town Board, which approved the statue's construction in February 2006, withdrew its letter of approval on Nov 15, 2007.
The Federal Court upheld the Court of Appeal's decision in striking out Chong's suit after ruling that Chong did not have the locus standi because the foundation was not a legally registered body.
On April 21, last year, the Kota Kinabalu High Court dismissed the action brought by Musa, former state secretary Datuk K. Y. Mustafa, former permanent secretary of the state housing and local government ministry Datuk Ujang Sulani and the Kudat Town Board, to strike out Chong's suit on the grounds that issues involved in the case could only be determined through evidence.
But they took their case to the Court of Appeal which allowed their appeal on Aug 5.
In his originating suit on Dec 12, 2008, Chong sought a court order to declare that the letter of approval issued by the Kudat Town Board was valid.
Chong also sought a declaration that the fatwa issued by the state mufti on July 7, 2006, against the construction of the statue was unconstitutional because it had infringed Article 11 of the Federal Constitution.
Lawyer Raja Aziz Addruse, representing Chong, argued in the proceedings that there were questions of law requiring the determination of the apex court and that the appellate court erred when it focused only on the issue on whether the foundation was an illegal society.
However, rival counsel Datuk Seri Muhammad Shaffee Abdullah said the case could not succeed because Chong had initiated the action although the foundation was not a registered body.
-- BERNAMA
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