Judge in landmark Chang, Khairuddin case transferred

Less than two months after delivering a landmark ruling to allow bail for lawyer Matthias Chang and former Batu Kawan Umno vice-chief Khairuddin Abu Hassan, following a charge under the Security Offences (Special Measures) Act, High Court judge Mohd Azman Husin has been transferred to the Shah Alam High Court.

Justice Azman along with 12 other High Court judges or judicial commissioners were transferred effective Jan 1 following a circular dated Dec 7 and agreed by the Chief Justice Arifin Zakaria.

Lawyer Haniff Khatri Abdulla, who was the lead counsel in the case for Khairuddin, told Malaysiakini that Justice Azman was one of the senior judges transferred.

“I find it odd that a senior judge like Justice Azman had suddenly been transferred to Shah Alam, whereas the Kuala Lumpur court is a major place for senior judges,” he told the news portal.

On Nov 18, Justice Azman ruled that charges against Chang, a former political secretary to Dr Mahathir Mohamad, and Khairuddin, for allegedly sabotaging financial services does not fall under Sosma, where he said it does not come within the ambit of Article 149 (1) of the Federal Constitution where the Sosma law was enacted by Parliament.

Justice Azman hence ruled that the duo would be tried at the Sessions Court and not the High Court. However, the matter is up for appeal at the Court of Appeal.

Now, Haniff said, Khairuddin and Chang's case which is scheduled for mention next Tuesday (Jan 12) will be before another judge also named Azman, namely Justice Azman Abdullah, who was transferred from Kota Bharu to Kuala Lumpur.

Justice Azman Abdullah was the judge who turned down the challenge by Gerakan over the hudud law passed by the Kelantan state legislative assembly and also the judge who sentenced former Bukit Gelugor MP, the late Karpal Singh to a RM4,000 fine for sedition.

Despite Haniff's comments, Malaysiakini had in the past noticed the transfer of High Court judges from Kuala Lumpur to other states.

The other judges or judicial commissioners transferred, some from one state to another while others from one division to another, include:-

• Justice Siti Mariah Ahmad (KL High Court criminal to KL Family High Court.
• Justice Hadhariah Syed Ismail (Shah Alam High Court Civil to Penang High Court)
• Justice Hanipah Farikullah (Shah Alam High Court Civil to KL High Court Special Powers and Appellate division).
• Justice Lee Swee Seng (KL Family Court to KL Construction Court)
• Judicial commissioner Ab Karim Ab Rahman (Kuantan and Temerloh High Court to KL Criminal Court)
• Judicial Commissioner Nordin Hassan (Penang High Court to KL High Court criminal)
• Judicial Commissioner Noorin Badaruddin (Ipoh High Court to KL High Court commercial)
• Judicial Commissioner Mohd Nazlan Mohd Ghazali (from Johor Bahru High Court to KL High Court commercial);
• Justice Zabariah Mohd Yusof (Seremban High Court to KL High Court civil)
• Justice Abdul Karim Abdul Jalil (Malacca High Court to KL High Court civil) and
• Justice Vazeer Alam Mydin Meera (KL High Court civil to Malacca High Court)

Of noted interests, Justice Lee (Swee Seng) was the judge who declared the conversion of M Indira Gandhi's three children in Perak to be null and void, while serving at the Ipoh High Court, while Justice Vazeer Alam was the civil High Court judge who ruled that then attorney-general Abdul Gani Patail was not immune to legal action. -Mkini