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Monday, August 5, 2019

Why is AGC so eager to expunge explosive affidavit, asks lawyer



Mohamed Haniff Khatri Abdulla today questioned why the Attorney-General's Chambers is still seeking to expunge portions of Court of Appeal judge Hamid Sultan Abu Backer's affidavit on alleged judicial misconduct.
Haniff pointed out that lawyer Sangeet Kaur Deo had stated that she is mulling withdrawing her lawsuit against the chief justice, and that Putrajaya announced the formation of a royal commission of inquiry into the allegations contained within the affidavit.
“Why the eagerness to expunge when the applicant (Sangeet) said she may withdraw? This would be perplexing to the public, as it is the main portion of the affidavit which (they) seek to expunge.
“The attorney-general is the adviser to the cabinet on the proposed RCI. They (AGC) should be expediting the terms of reference and composition of the RCI. 
"Yet they still seek to expunge. This is a contradiction," he said after case management in the chambers of Kuala Lumpur High Court judge Mohd Firuz Jaffril this morning.
Also present in chambers today was plaintiff Sangeet, as well as senior federal counsel S Narkuvanathy for the chief justice, and lawyer Joy Appukuttan for Hamid Sultan.
Haniff, who used to represent Hamid Sultan (photo), is seeking to intervene in Sangeet's lawsuit as an interested party.
He previously said that this is because his claims of judicial interference in the sedition trial of the late Karpal Singh is a key element in the suit, and that he has been among the more vocal proponents of the proposed RCI.
"The main purpose of my application to intervene is to allow me the chance to oppose the application to expunge (portions of the affidavit),” he said. 
Haniff added that the AGC is also seeking to oppose his intervener application, which the court will hear on Aug 29.
Sangeet is relying on Hamid Sultan's affidavit for her bid to seek a declaration that the chief justice had failed to defend the integrity and credibility of the judiciary.
The 65-page affidavit, released on Feb 14, alleged widespread corruption and abuses in the judiciary.  
On July 11, Sangeet said that she may withdraw her lawsuit. However, the AGC wants Sangeet to withhold the withdrawal, pending disposal of the application to expunge portions of the affidavit.
On March 7, the AGC filed to expunge the affidavit, saying that its contents are "contemptuous, scandalous, and scurrilous attack on the judiciary." - Mkini

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