Karpal begins bid to disqualify judge....

The Kuala Lumpur High Court today hears defence lawyer Karpal Singh's submission to disqualify the judge from continuing to sit in the sodomy trial.

This follows Opposition Leader Anwar Ibrahim's bid to recuse justice Mohamad Zabidin Mohd Diah for not abiding by a Supreme Court decision in not allowing an expert witness supply documents which was used during a medical examination of the sodomy complainant.

Another reason Anwar is making the application is because Zabidin had made a threat of contempt against Karpal, despite that the judge had withdrawn it.

Karpal begins his submission. He argues his judge recusal is a serious application. Karpal says judges and magistrates must be impartial and must be seen to be fair and impartial. He cites the case of former High Court judge KC Vohrah recusing himself voluntarily in hearing a trial in line with accepted norms.

Referring to the Judges Code of Ethics, Karpal argues that judges should perform duties without bias and prejudice. He says under the code, judges can be subject to disciplinary proceedings if he is found to be bias. Karpal also refers to the Judges Ethics Committee Act, where judges should perform their duty without prejudice. He also refer to the Bangalore Principal 2002 on judicial integrity, where such principles of impartiality and the performance of duty without prejudice should be applied.

Karpal refers to the defence's application for recusal of justice Zabidin for not abiding the Supreme Court decision in denying Anwar access to the clinical notes, and for threatening counsel (Karpal) with contempt. Karpal reminds the court that according to Article 5(1) in the federal constitution, all Malaysians are entitled to have a fair trial in an open court.

Karpal says judge Mohamad Zabidin must reflect on the contempt threat made by him yesterday against the counsel (Karpal), bearing in mind its effect on his client (Anwar). "There is necessity for us to insist that your lordship recuses yourself. There is a real danger of bias (following the contempt threat by the judge)."

Karpal Singh has reminded the judge presiding over the Anwar Ibrahim trial that the case is under worldwide scrutiny. In applying for High Court judge Justice Mohamad Zabidin Mohd Diah to voluntarily recuse himself, Karpal said the comments made by United States Secretary of State Hillary Clinton and the presence of US embassy officials observing the trial proves that.

“Your lordship is under close scrutiny, and Malaysia's legal system is also on trial as a result of this case. “Hilary Clinton has called for a fair trial. The presence of the US embassy officials in the trial as observers is also proof of that,” he said.

Karpal said if there is a real danger of bias, then the judge should withdraw himself. He also pointed out a Federal Court finding, where former Court of Appeal president, the late Justice Abdul Malek Ahmad, who had reprimanded the then-trial judge Augustine Paul.

“In the judgment, Abdul Malek had commented Paul had acted as if in defence of the public prosecutor,” he said.

“I am not trying to threaten Yang Arif by suggesting the trial may be overturned, but there is this finding of fact on the-then trial judge,” he said.

DPP Hanafiah says the prosecution needs some time to prepare its reply to the defence's submission. "Datuk Yusof is not well and we need time to prepare," says Hanafiah. It is understood that Yusof had an accident this morning and injured his leg, although his exact condition has yet to be confirmed.

Mohamad Zabidin adjourns the court hearing to tomorrow.

source:malaysiakini

The only answer the hon. judge know is, Nahi...Nahi...Nahi....

Baca 'Karpal desak hakim sukarela tarik diri' di sini.

cheers.