Judge disqualifies himself from trial


  • Nation
  • Tuesday, 08 Jul 2003

KUALA LUMPUR: A Sessions Court judge yesterday disqualified himself from hearing the criminal breach of trust (CBT) trial of an office assistant at the Malaysian Legal Profession Qualifying Board because he was a former examiner. 

Judge Mohd Zaki Abd Wahab said he was recusing himself from the trial of Ramli Md Mokhtar so as to avoid “an inharmonious situation.” 

He fixed tomorrow for mention to determine which other Sessions Court judge would hear the case. 

On June 12 last year, Ramli had claimed trial to committing CBT involving the draft question papers for the July 2001 Certificate in Legal Practice (CLP) examination entrusted to him at the board’s office at the Menara Tun Razak between June and July 2001. 

Ramli also faces another CBT offence involving the draft question papers of the Evidence 2001 Supplementary Examination, committed at the same place between Sept 26 and Oct 8, 2001. 

Ramli’s counsel Edmund Bon made an application for Mohd Zaki to disqualify himself as he was a CLP examiner and the integrity of the qualifying board would be an issue. 

Bon also applied to postpone his client’s case pending the outcome of the case of former CLP examination director Khalid Yusoff.  

On June 6 last year, Khalid pleaded not guilty to two counts of forging the examination master list and deceiving the board into thinking that the results of the examination were genuine. 

Bon said Khalid was a main witness in his client’s case and the outcome of his case could determine his credibility. 

However, Deputy Public Prosecutor Noorin Badaruddin said that Khalid was a former director, which made him an independent witness.  

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