In the notice of motion filed by solicitors Messrs Raj and Sach on Tuesday, Shariffa Sabrina said the charges were irregular and had been brought in bad faith.

The 62-year-old environmentalist wants the High Court to acquit and discharge her of all charges.

Her lawyer Rajesh Nagarajan said the High Court had fixed Aug 5 to hear the application.

“We will also be writing to the sessions court in Raub to vacate the trial dates next month pending the disposal of the application,” he told FMT.

On March 22, 2022, Shariffa Sabrina pleaded not guilty before judge Ahmad Faizadh Yahya to the three counts of unlawful occupation of state land.

She was charged with committing the offences at 2pm on June 10 and 11, 2021 at Lot 26148, GM4135 in Mukim Bentong; Lot 1053, PM0053 Mukim Ulu Dong; and Lot 10061, GM1572 Mukim Tras in the district of Raub, all in Pahang.

The land was allegedly turned into a resort area and used for business activities by Tanah Aina Fareena Cafe & Restaurant, Tanah Aina Fahad Glamping Resort and Tanah Aina Farrah Soraya Exclusive Eco Resort.

The charges were framed under Section 425(1)(a) of the National Land Code 1965, and provide for a maximum fine of RM500,000 or imprisonment of up to five years.

Tanah Aina Sdn Bhd is said to be the owner of the holiday resort in which Shariffa Sabrina and her daughter Sharifah Farhana Syed Yusof have an interest.

In an affidavit in support of the application, Shariffa Sabrina said there would be a miscarriage of justice if the charges were not set aside.

She also said the charges violated her constitutional right under Article 5 of the Federal Constitution to life and liberty.

Shariffa Sabrina said the prosecution should have charged Tanah Aina, as none of the applications filed with Pahang state land authorities were made in her own name.

“The public prosecutor’s decision to select me to be charged instead of the company shows mala fide and denies me the right to life and liberty,” she said.