Hamid Sultan's affidavit must be included in RCI, Haniff Khatri tells PM

 

Lawyer Haniff Khatri Abdulla urged Prime Minister Ismail Sabri Yaakob to include the affidavit of retired Court of Appeal judge Hamid Sultan Abu Backer if he intends to set up a royal commission of inquiry (RCI) to probe allegations of political interference in the courts.

The RCI was curiously not announced by Ismail Sabri but by Umno president Ahmad Zahid Hamidi, who said the matter was agreed upon at a party supreme council meeting.

“I do not intend to give a specific opinion on the reasons for this proposal now presented by Umno as any proposal to strengthen the position of the judiciary should be supported as a step towards advancing this beloved country.

“However, at the same time, if the prime minister intends to proceed with the proposal and set up an RCI related to the judiciary, then I must remind him that it is extremely important that the terms reference for the RCI investigation must contain the allegations contained in an affidavit dated Feb 14, 2019, filed by Hamid Sultan.”

Haniff (above) said the previous Pakatan Harapan government had endorsed an RCI to investigate the allegations a week after Hamid filed his affidavit, but it did not materialise until the government’s fall a year later.

Retired Court of Appeal judge Hamid Sultan Abu Backer

Former attorney-general Tommy Thomas alleged earlier this year that this was because then premier Dr Mahathir Mohamad had received feedback indicating that such an investigation was not welcome by numerous judges, both serving and retired.

Haniff said that when the new government under Muhyiddin Yassin took over, his de facto law minister Takiyuddin Hassan even went on to confirm in November that the government would not proceed with the judicial RCI.

Meanwhile, Hamid was suspended from duty early this year as a direct result of the claims made in his affidavit. He remained on suspension until his retirement on Aug 27.

“If Ismail Sabri is really serious in the establishment of any RCI as allegedly recommended by Umno, then it is very important that all the allegations of Hamid are mandatory terms of reference for the determination of the RCI.

“Otherwise, it will be concluded that any formation of the RCI is just an insincere political game on the part of the new government of Ismail Sabri,” said Haniff. - Mkini