Senior judge files legal challenge against Judges Ethics Committee’s quorum

 

Court of Appeal judge Hamid Sultan Abu Backer has filed a second legal action against the Judges Ethics Committee which is investigating his affidavit regarding alleged abuses and fraud in the judiciary.

This time, the senior judge is seeking the High Court’s leave to commence a judicial review against the current quorum of the committee, which consisted of some judges allegedly linked to his affidavit over purported judicial misconduct.

Earlier on Oct 9, Hamid Sultan had filed an originating summons against the committee, its chairperson and two lawyers over the investigation into the affidavit. The two lawyers are Sangeet Kaur Deo and Mohamed Haniff Khatri Abdulla.

According to a copy of the present judicial review leave application sighted by Malaysiakini today, Hamid Sultan’s legal representatives Messrs KH Lim & Co filed the cause papers at the Kuala Lumpur High Court Registry on Oct 20.

The judicial review leave application named the committee and its chairperson as the two respondents in the matter.

The cause papers alleged that it would be “highly prejudicial, procedurally incorrect and a breach of natural justice” to allow judges, who were alleged to be part of the bench that heard appeals linked to the cases of PKR president Anwar Ibrahim and the late veteran lawyer Karpal Singh, to be part of the committee probing the issue of Hamid Sultan’s affidavit.

Hamid Sultan’s affidavit contained allegations linked to the previous appeals involving Anwar’s sodomy case and Karpal’s sedition case, among others.

“Bearing in mind that the applicant’s (Hamid Sultan) statements made in the impugned affidavit had raised issues regarding some members of the current Ethics Committee.

“These members of the Ethics Committee are clearly conflicted as they have nexus to the subject matter of the proceedings.

“The Ethics Committee comprised of some panel members who were (allegedly) involved in the hearing and/or prosecution of the Karpal Singh and/or Anwar Ibrahim’s cases, as per the core complaint of the applicant, a “whistleblower” judge in the impugned affidavit that there were (alleged) interferences in these cases," said the leave application.

“The Ethics Committee ought to be set aside and/or dissolved for it is unconstitutional and had acted and exercised its powers ultra vires and contrary to the Judges’ Committee Act 2010 and the Judges’ Code of Ethics 2009.

“Therefore, the respondents (Judges’ Ethics Committee and its chairperson) are disqualified from sitting in the Ethics Committee,” the judicial review leave application claimed.

According to the cause papers, Hamid Sultan is also seeking a court order for the proceedings before the committee to be conducted in an open forum rather than in-camera (closed-door session).

Hamid Sultan claimed that the committee’s proceedings must be held in an open forum because it involved a sitting judge of the Court of Appeal, whose appointment is by His Majesty, the King, and who has acted as per his (Hamid Sultan) Constitutional Oath of Office.

He also alleged that the proceedings must be an open forum because it involves the judicial institution of Malaysia as well as matters arising from the Federal Constitution and the validity of the Judges’ Ethics Committee Act 2010.

“Proceedings before the Ethics Committee must be transparent and open to the public who will be able to make a full assessment of the matter,” the cause papers stated.

“The protection that ought to be given to any judge in regard to any inquiry against him is to have an open enquiry, which will thereby ensure and guarantee the independence of the matter.

“The decision to reject the applicant’s (Hamid Sultan) request as being “without merit” and/or to have the proceedings held in-camera, breaches the provisions of the Federal Constitution, principles of natural justice and is an irrational decision,” the cause papers claimed.

According to the online cause list at ecourtservices.kehakiman.gov.my, the judicial review leave application is fixed for hearing before Kuala Lumpur High Court judge Mariana Yahya at 9am on Nov 12 next week.

Speaking to Malaysiakini today, Hamid Sultan's counsel Joy W Appukuttan confirmed the filing of the judicial review leave application.

The lawyer also confirmed that the Kuala Lumpur High Court would hear the judicial review leave application on Nov 12.

On Aug 16, it was reported that Hamid Sultan had received a show-cause letter from the Judges Ethics Committee in relation to the affidavit.

Hamid Sultan had made several claims in his affidavit filed in February last year, prompting the then Pakatan Harapan government to mull a royal commission of inquiry.

However, the commission did not materialise as the Harapan government collapsed in late February this year.

Sangeet had relied on Hamid Sultan’s affidavit in her lawsuit against the chief justice over alleged judicial misconduct. However, the Kuala Lumpur High Court dismissed her suit on Oct 22 last year.

Haniff Khatri had previously tried but had not succeeded in his bid to intervene in Sangeet’s lawsuit against the chief justice. - Mkini