'SMS exchanged between judge and party to case'

The Federal Court has been told about an exchange of text-messages between a Court of Appeal judge and an interested party while he was hearing a land-purchase matter two years ago.

Lawyers for Halaman Perdana Sdn Bhd, in a submission today during a judicial review hearing, named the judge as Justice Low Hop Bing, who retired last August. He had sat with two other judges.

It was claimed that Justice Low had exchanged a text-message with one Peter Kuah@Zakri Abdullah Kuah and nine messages with Kuah's friend Ooi Suan Kim.

Halaman Perdana claimed that this had resulted in bias in the appellate court’s ruling in favour of Tasik Bayangan Sdn Bhd, over the land deal gone sour. This concerned the purchase of 60 ha of land in Serendah in 1994.

Halaman Perdana then lodged a report with the Malaysian Anti-Corruption Commission, the Federal Court heard.

Gobind Singh Deo (left) and Malik Imtiaz Sarwar are representing the company.

Following the company’s alleged failure to complete payment, Tasik Bayangan had sought a refund of close to RM3 million in 1999.

It won its case in the Shah Alam High Court and at the Court of Appeal, leading to Halaman Perdana’s application for judicial review.

Although Halaman Perdana had applied for a full bench to hear the proceedings, a five-member panel was constituted.

Chief Justice Arifin Zakaria presided, alongside Chief Judge of Malaya Zulkefli Ahmad Makinuddin, Chief Judge of Sabah and Sarawak, Richard Malanjum and Federal Court judges Justices Abdull Hamid Embong and Zainun Ali.

[More to follow]