SHAH ALAM: The High Court yesterday dismissed with cost, an application by the FA of Malaysia (FAM) and its secretary-general Datuk Azzudin Ahmad, to strike out an originating summons filed by Tan Sri Annuar Musa over his suspension from football activities.

Judge Hadhariah Syed Ismail made the decision in her chambers and set Feb 25, to hear the case.

Annuar’s counsel Yusfarizal Yussoff told reporters outside the court that the judge dismissed the application since there was merit in Annuar’s suit. The originating summons, filed on June 5, 2012 named the association as the first defendant and its secretary-general Datuk Azzudin Ahmad as the second defendant.

Annuar is seeking a declaration that the first two charges against him – as stated in a letter by the association’s disciplinary committee dated March 16 – were flawed, invalid and void.

He claimed that the association also failed to satisfy the burden of proof on the charges against him in a disciplinary hearing held on April 4.

Annuar claimed that the charges against him were prejudicial as he was found guilty of violating the FAM Edisi 2011 code before his defence was filed and before the hearing, hence the defendants failed to adhere to proper procedure. He also claimed that he was not given the right to be represented during the hearing. Annuar further sought an injunction to stop the defendants from preventing him from carrying out his duties as the association’s deputy president.

On June 4, 2012, Annuar was slapped with a 30-month suspension by the FAM Disciplinary Committee after finding him guilty of making a negative statement of the national team in the media on Feb 12, 2012.

Annuar allegedly breached FAM’s Article 88 by making a negative statement on the national team on Feb 12 although Article 88 stated that only the president and secretary-general can comment on the team’s performance. — Bernama

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