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PUTRAJAYA: In a last attempt, the lawyers of a superior judge who was asked to appear before the Judges’ Ethics Committee tomorrow will ask the president of the Court of Appeals, Rohana Yusuf, to convene a court to hear a request for suspension of a process.
Attorney Wilson Joy Appukuttan, a member of the legal team appearing on behalf of Hamid Sultan Abu Backer, said a letter would be delivered to Rohana to hear the matter tomorrow morning.
“We are addressing her as the Deputy Clerk of the Court of Appeals late tonight only arranged the request to be heard on Friday,” he told FMT.
The committee had asked Hamid, a high-ranking judge on the Court of Appeals, to appear before them at 3 p.m. tomorrow for an explosive affidavit and sentence he handed down in June.
Yesterday, the Kuala Lumpur High Court dismissed Hamid’s request for stay, saying there were no special circumstances to grant it.
Wilson said he filed a new motion (for stay) with a certificate of urgency in the Court of Appeals last night and a copy of the case documents was delivered to the Attorney General’s Office this morning.
He said case management took place (tonight), but Deputy Registrar Radzilawatee Abdul Rahman was only able to arrange for the hearing on Friday, as the AGC needed time to read Hamid’s affidavits.
Additionally, Wilson said he was informed that the judges should also have the opportunity to examine and read the case documents.
The FMT has attempted to contact senior federal attorney M Kogilambigai for a response when he appeared for the AGC.
On January 21, Superior Court Judge Mariana Yahya dismissed Hamid’s request for permission for judicial review of the affidavit and ruling.
It also allowed the committee’s request to strike out Hamid’s original subpoena, which is closely related to the remedy sought in the request for judicial review.
On the matter of judicial review, Hamid wants a statement that the committee’s closed-door proceedings go against the rules of natural, irrational and unconstitutional justice.
As for the citation of origin, Hamid seeks an address regarding the affidavit and judgment he rendered in a criminal appeal case.
Hamid, who is scheduled to retire this year, has filed appeals on both matters.
Three years ago, Hamid alleged that there had been judicial interference in several high-profile cases.
Lawyer Sangeet Kaur Deo filed a lawsuit against the Chief Justice in early 2019, accusing the Chief Justice of failing to defend and preserve the integrity of the judiciary.
The judge had confirmed the affidavit in support of Sangeet’s claim that was ultimately dismissed.
In the ruling, among others, Hamid said that the judiciary was expected to act as a check and balance in the executive and the legislative, as provided in the constitution.
Hamid received a demonstration cause notice from the committee in August.
