Home Minister Datuk Seri Ahmad Zahid Hamidi's legal woes may not be over as the mediation process which resulted in an assault case against him being settled out of court may be flawed.
Judiciary sources familiar with mediation procedures said it was strange for Sessions Court Judge Rohani Ismail to be the referee without the presence of lawyers.
"There is no rule for a mediator to shut out counsel representing parties to be present," said the judiciary source.
"Further any compensation agreed upon by both parties has to be referred and recorded by the trial court.
"The mediator has no part in this."
Questions are now being raised as to who initiated the mediation and how the matter was referred so soon after a Federal Court had held the suit must go to trial before a High Court. Hearing at the High Court was scheduled for Aug 27.
Karpal Singh, who is lawyer on record for Amir Bazli Abdullah who brought the suit against Ahmad Zahid, told The Malaysian Insider last night that he was looking into the matter.
"I have to take instructions from the client before proceeding further," he said.
Datuk Shamsul Bahrain Ibrahim, a member of Zahid's legal team, told reporters earlier that compensation was to be decided without intervention of lawyers.
He added that both Ahmad Zahid and Amir Bazli have agreed to withdraw their action against each other and had reached an amicable settlement.
Amir Bazli had also said he was satisfied with the mediation outcome but was constrained from divulging the terms.
Earlier, Karpal said he had insisted that the mediation be done together with lawyers sitting in but the judge decided otherwise.
Karpal had also said he was in the dark on what transpired in the meeting that took place for about 90 minutes.
Amir Bazli filed his suit in July 2007 against Ahmad Zahid, alleging that the then deputy minister punched him in the face on Jan 16, 2006, at the Country Heights Recreational Club in Kajang, Selangor.
He said Ahmad Zahid had also threatened to kill him. He also claimed he was held in wrongful confinement at Ahmad Zahid's home in Country Heights.
He had claimed for special, general and aggravated damages, costs and other relief deemed fit by the court.
Ahmad Zahid denied the allegations and claimed that Amir Bazli had concocted the whole story.
He filed a counter-claim against Amir Bazli, claiming to have suffered humiliation and emotional trauma as a result of the accusation.
The Umno vice-president then attempted to strike out the suit but the Federal Court last month dismissed his leave to appeal application.
That meant there was merit in the suit brought by Amir Bazli and the trial court should hear testimony from witnesses before arriving at a decision.
Amir Bazli had also lodged a police report but the public prosecutor did not frame any criminal charges against Ahmad Zahid.
He then decided to seek remedy in the court and filed the suit against Ahmad Zahid.
At the Shah Alam court complex yesterday, Ahmad Zahid was escorted by police outriders. He was also accompanied by about 30 supporters.
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