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PETALING JAYA: A senior judge, who was asked to appear before the Judge Ethics Committee in connection with an affidavit and judgment, has filed a judicial review to overturn a closed hearing of his case.
Court of Appeal Judge Hamid Sultan Abu Backer wants a statement that the closed-door procedure goes against the rules of natural justice, irrational and against the Federal Constitution.
He also wants a statement that the committee, chaired by Chief Justice Tengku Maimun Tuan Mat, is acting unconstitutionally by bringing charges against him and that the charges should be declared null and void.
Hamid, who is scheduled to retire next year, said the composition of the seven-member committee to deliberate on his issue also runs counter to procedural fairness, the rules of natural justice and the rule of law.
You also want a statement that the committee is not qualified to hear your case and that the proceeding should be suspended pending the outcome of the judicial review hearing.
Hamid’s attorney, Wilson Joy Appukuttan, said the request for judicial review was filed late last month and that the sealed copy of the court documents was delivered to the Attorney General’s Office two days ago.
“The High Court has set November 12 for the parties to appear before Judge Mariana Yahya,” he said, adding that Hamid must first obtain authorization from the court before the merits of his complaint can be heard.
Hamid has named Tengku Maimun and the committee as responders to his action.
Earlier this month, Hamid also filed an initial subpoena in High Court to seek guidance regarding the affidavit and judgment he delivered in a criminal appeal case.
Hamid asked whether his June ruling could be the subject of a committee investigation.
He also asked if the affidavit he claimed last year in support of a lawsuit filed by attorney Sangeet Kaur Deo was also subject to scrutiny by the committee.
He said the proper forum at this stage would be a royal commission of inquiry for the affidavit and the Federal Court for the ruling.
The committee filed a request to resolve the lawsuit and Joy said a hearing had been set, also before Mariana, on December 21.
At an international conference in Kuala Lumpur two years ago, Hamid alleged that there had been judicial interference in several high-profile cases.
It led to a lawsuit against the Chief Justice early last year by Sangeet, accusing the senior judge of failing to defend and preserve the integrity of the judiciary.
In August, FMT reported that the committee had issued Hamid a notice of good cause regarding the affidavit and ruling.
Hamid, among other things, had said in the ruling that the judiciary was expected to act as a check and balance in the executive and the legislative, as provided in the Federal Constitution.
On September 8, Hamid responded to the notice of cause of the show, which according to sources was quite explosive, where the judge stood firm on the entire content of the affidavit and also on a 101-page ruling that he delivered in early June. .
