Raja Petra fails to recuse judge


  • Nation
  • Tuesday, 17 Feb 2009

PUTRAJAYA: The Federal Court here dismissed the application by Malaysia Today editor Raja Petra Raja Kamaruddin to recuse Justice Datuk Augustine Paul from hearing his habeas corpus appeal.

Justices Datuk Nik Hashim Nik Ab Rahman and Datuk Zulkefli Ahmad Makinuddin in their decision Tuesday said they were satisfied that the application to recuse Paul was made without any merit.

Earlier, before hearing the application, Paul told the court that he wanted to disqualify himself from the proceedings.

After he left the bench, counsel Malik Imtiaz Sarwar, for Raja Petra, informed the court that the application for recusal could not be heard by the two remaining judges on the ground that Section 74 of the Courts of Judicature Act requires the sitting of three Federal Court judges.

However, Nik Hashim said they were empowered to hear the application under Section 78 of the same act. Malik, who continued with his submission, argued that there was a real danger of bias on the part of Paul if he sat on the panel to hear the appeal.

He said Raja Petra had commented in some articles in the Internet about Paul as the High Court judge in Datuk Seri Anwar Ibrahim’s corruption trial in 1998 and Paul, as the High Court judge, had dismissed Raja Petra’a habeas corpus application in 2001, but the Federal Court later released him.

“My client has consistently questioned Justice Paul’s integrity. And now the judge is sitting on his case ... . Judges are human, they are not immune from being biased,” said Malik.

The court, after dismissing the recusal application, invited Paul to join the panel to hear three other applications by Raja Petra.

Raja Petra had applied for a panel of five or seven judges to hear the appeal on the ground that the case involved complex constitutional issues. The application was dismissed.

His applications to adduce in the appeal his supplementary affidavit as well as the notes of proceedings of his ongoing sedition trial, to which deputy public prosecutor Tun Majid Tun objected, were also dismissed.

Malik Imtiaz also informed the court that Raja Petra wanted to withdraw the cross-appeal.

Later, the court fixed Feb 23 to hear submission from counsel for the Home Minister who is appealing against the Shah Alam High Court’s decision on Nov 7 last year in allowing Raja Petra’s application for release. -- Bernama

Article type: metered
User Type: anonymous web
User Status:
Campaign ID: 1
Cxense type: free
User access status: 3
Join our Telegram channel to get our Evening Alerts and breaking news highlights
   

Next In Nation

Covid-19: New cases in Sabah jump to 712, over half from close contact screenings
Perak MCA: Google Form link to apply for food basket aid is genuine but currently suspended
Covid-19: Close contacts told not to deliver items to patients at MAEPS quarantine centre
Covid-19: 15,902 new cases, Selangor the highest with 7,351
Anwar's motion rejected because it was submitted too early, says Speaker
Covid-19: Sufficient vaccine supply needed to implement walk-in vaccinations, says Perak MB
Pahang govt offers house for eight siblings whose parents died of Covid-19
Selayang Hospital to be full Covid-19 facility, can provide up to 450 beds
Victims regard storm in Tanjung Sedili a 'small tsunami'
Two to four years extension not sufficient for specialising contract doctors, says SUPP

Stories You'll Enjoy


Vouchers