Sports Toto failed to prove Perlis gaming ban decision, says court
The High Court in Kangar refused STM Lottery Sdn Bhd and four others leave to bring judicial proceedings against the Perlis state government, saying the application was 'frivolous'.
PETALING JAYA : The Kangar High Court dismissed a bid by Sports Toto Malaysia and four others to revive their gaming business in Perlis, saying the application failed to identify any 'official decision' that could be made subject to judicial review.
Justice Arik Sanusi Yeop Johari said the applicants had not identified any decision by the Perikatan Nasional-led state government that had impacted their livelihood.
Instead, they relied on printed and online news reports about the state's purported refusal to issue lottery operators licences for business premises, the judge said.
'The applicants only cited printed and online news reports (about the purported decision).
'These news reports cannot be considered an 'official decision' made by the state government, and thus the application is frivolous,' Arik said in a judgment issued last week.
The judgment set out the grounds for a decision he had handed down last year.
The applicants – STM Lottery Sdn Bhd, Leong Jenn Kiang, Chin Soo Shian, C Santha and Yip Kok Chyun – are appealing the decision to the Court of Appeal.
They are seeking to quash the Kangar municipal council's decision not to renew the licences for their business premises, thereby preventing them from operating their lottery business.
They contend that matters relating to the issuance of gaming licences are within the purview of federal law.
For that reason, they said the state authorities' decision was irrational, ultra vires the powers vested in the municipal council and the state government, and contravened the Federal Constitution.
However, Arik said the application for leave to bring judicial review proceedings was bound to fail for lack of a formal decision.
The judge added that even if such a decision had been made, the matter was one of policy.
'The court does inquire into policy making decisions,' he said.
The applicants' appeal will come up for case management in the Court of Appeal on June 16.
Parallel case in Kedah
Meanwhile, a High Court in Alor Setar last year quashed the Kedah government's refusal to renew the licences of several pool betting agents, their companies and officers.
The court held that the state government had overstepped its powers under the Federal Constitution in doing so.
It said pool betting and lotteries were matters within the federal government's purview, and that the state government had no power to ban them.
The state government's appeal from that decision was heard by the Court of Appeal on May 26, which has reserved its judgment.
The appeal has been fixed for case management on June 24.
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