Lawyer: Why the silence on judicial misconduct raised by appellate judge ?

Lawyer Sangeet Kaur Deo has questioned the inaction of the government and judiciary over allegations of judicial misconduct raised by Court of Appeal judge Hamid Sultan Abu Backer eight months ago.

"This requires an investigation, whether internally or via a royal commission of inquiry (RCI)," she said.

"I am questioning why the silence, and where has this issue gone? Why is everybody keeping quiet?

"The stakeholders should be standing up and asking for this issue to be investigated," she told media at the Kuala Lumpur High Court today.

Sangeet pointed out the Attorney-General's Chambers' (AGC) application to expunge a total 144 paragraphs out of 152 of Hamid's affidavit which she relied upon in her suit against the chief justice Tengku Maimun Tuan Mat would not address the judicial issue.

In a shocking allegation contained in the affidavit filed on Feb 14, Hamid claimed that certain members of the judiciary have been aiding private parties to defraud the government.

Hamid claimed that the act of defrauding was done through nominees of politicians creating contracts with the government.

In February, Prime Minister Dr Mahathir Mohamad had instructed for an RCI into judicial misconduct to set up.

However, former Sabah chief minister Yong Teck Lee filed a suit to stop the RCI into judicial misconduct. However, his suit was struck out on July 24.

De facto Law Minister Liew Vui Keong said the government would decide on the RCI into judicial misconduct after Yong's 30 days appeal deadline elapses.

Earlier today, Kuala Lumpur High Court judge Mohd Firuz Jaffrill set Nov 22 to decide whether to allow the AGC's application to expunge almost all part of Hamid's affidavits in Sangeet's suit, after hearing submissions from both parties.

In her submission, senior federal counsel S Narkunavathy, who represented the chief justice, urged the court to allow her bid to expunge Hamid's revelation on judicial interference involving two cases.

The two cases are the appeal hearing of late DAP president Karpal Singh's sedition charge and the interfaith custody hearing of Indira Gandhi.

What Hamid said on Karpal's case was scandalous and merely hearsay as he did not name any judge in his affidavit and did not substantiate the allegations with evidence, said Narkunavathy.

"These offending paragraphs containing information which is not within Hamid's knowledge. It is hearsay, scandalous," she said.

Narkunavathy also argued that Sangeet has no locus standi to cite Indira's case in her own case.

"It (Indira's case) is not relevant to this case," she insisted.

Lawyer Malik Imtiaz, who acted for Sangeet, however, submitted that the AGC's application to expunge Hamid's affidavit was deemed academic given that the party already applied orally to withdraw the main suit in August.

"Personally, I would like to know what is the purpose of the expungement in view of the fact that the case is going to be over ?" Sangeet spoke to media later.

"Why is the chief justice insisting the affidavit to be expunged and getting this affidavit off the record? That has not been answered. To me, there is a larger problem that needs to be investigated, and it is in the interest of the judiciary to investigate," she said.

In January, Sangeet filed a suit against the chief justice seeking a declaration that he had failed to protect and defend the integrity of the judiciary concerning the sedition case of her late father, Karpal Singh. - Mkini