Ethics committee must exclude judges who heard Anwar, Karpal cases, says lawyer

 

Justice Hamid Sultan Abu Backer has replied to a show cause notice in which he stood by the entire content of an affidavit and also a 101-page judgment he delivered in early June.

PETALING JAYA: A lawyer for Court of Appeal judge Hamid Sultan Abu Backer has written to the chief justice to exclude several sitting and retired judges from deliberating on his client’s response to a show cause notice.

Joy Wilson Appukuttan said these were judges who had sat and decided on the second sodomy trial of Anwar Ibrahim and the sedition case of the late Karpal Singh.

“We do not want any judges who have a nexus to both cases to sit in the Judges’ Ethics Committee to decide on the show cause notice,” he told FMT.

Joy said he sent a letter to committee chairman Chief Justice Tengku Maimun Tuan Mat last week on who should not sit on the committee.

Joy, however, declined to reveal the identity of the judges.

Under Section 5 (1) of the Judges’ Ethics Committee Act 2010 membership of the committee shall be in odd numbers.

Membership shall consist of persons who hold or have held office as the President of the Court of Appeal, Chief Judge of the High Court in Malaya, Chief Judge of the High Court in Sabah and Sarawak, judge of the Federal Court, the Court of Appeal or a High Court as the chief justice thinks fit to appoint.

Section 5 (2) states the chief justice shall be the chairman of the committee, unless he/she is the complainant, in which case the next senior judge shall be the chairman.

Hamid first revealed the allegation of judicial interference at an international conference in Kuala Lumpur in August two years ago.

Karpal’s daughter, Sangeet Kaur Deo early last year filed a suit against the chief justice for failure to defend and preserve the integrity of the judiciary

Hamid, who is scheduled to retire next year, then filed a 65-page affidavit in support of Sangeet’s action.

Last month, FMT reported that the committee issued Hamid a show cause notice over the affidavit and a judgment he delivered in a criminal appeal involving two Nigerians.

Hamid, who led a three-member bench, remarked, among other things, that the judiciary was expected to act as check and balance on the executive and legislature as provided for under the Federal Constitution.

On Sept 8, Hamid replied to the show cause notice, which sources told FMT was quite explosive, where the judge stood by the entire content of the affidavit and also a 101-page judgment he delivered in early June.

This is the first time that a show cause notice has been issued to a judge since a code of ethics was drawn up in 2009.

Those who violate the code can be given a warning or suspension or the chief justice can propose to the prime minister that the King set up a tribunal to remove the judge. - FMT