Judge’s lawyers in last-ditch bid to Court of Appeal bench

 

Hamid Sultan Abu Backer’s lawyers are asking Rohana Yusuf to assemble a bench to hear his application for a stay.

PUTRAJAYA: In a last ditch attempt, lawyers for a senior judge who has been asked to appear before the Judges’ Ethics Committee tomorrow, will request Court of Appeal president Rohana Yusuf to assemble a bench to hear an application to stay a proceeding.

Lawyer Wilson Joy Appukuttan, a member in the legal team appearing for Hamid Sultan Abu Backer, said a letter would be delivered to Rohana to hear the matter tomorrow morning.

“We are turning to her since the deputy registrar of the Court of Appeal late this evening only fixed the application to be heard on Friday,” he told FMT.

The committee had asked Hamid, a senior Court of Appeal judge, to appear before them tomorrow at 3pm over an explosive affidavit and a judgment he delivered in June.

Yesterday, the High Court in Kuala Lumpur dismissed Hamid’s application for a stay, saying there were no special circumstances to grant it.

Wilson said he filed a fresh motion (for the stay) with a certificate of urgency at the Court of Appeal yesterday evening and a copy of the cause papers were served on the Attorney-General’s Chamber early this morning.

He said a case management was held (this evening) but deputy registrar Radzilawatee Abdul Rahman could only fix Friday for hearing as the AGC needed time to peruse Hamid’s affidavits.

Further, Wilson said he was informed that judges would also need to be given the opportunity to peruse and read the cause papers.

FMT has attempted to reach Senior Federal Counsel M Kogilambigai for response as she appeared for the AGC.

On Jan 21, High Court Judge Mariana Yahya dismissed Hamid’s leave application for judicial review on the affidavit and the judgment.

She also allowed the committee’s application to strike out Hamid’s originating summons, which is closely tied to the remedy sought in the judicial review application.

In the judicial review matter, Hamid wants a declaration that the in-camera proceeding of the committee is against the rules of natural justice, irrational and unconstitutional.

As for the originating summons, Hamid is seeking a direction in relation to the affidavit and judgment he delivered in a criminal appeal case.

Hamid, who is scheduled to retire this year, has filed appeals on both matters.

Three years ago, Hamid alleged there had been judicial interference in several high-profile cases.

Lawyer Sangeet Kaur Deo filed a suit against the chief justice in early 2019, accusing the top judge of failing to defend and preserve the integrity of the judiciary.

The judge had affirmed the affidavit in support of Sangeet’s suit which was eventually dismissed,

In the the judgment, among others, Hamid said the judiciary was expected to act as a check and balance on the executive and legislature, as provided for under the constitution.

Hamid, was issued a show cause notice by the committee in August. - FMT