The High Court in Kuala Lumpur has fixed Nov 3 to hear the application by Malaysiakini to recuse Judicial Commissioner Kamaludin Md Said from hearing the suit by Prime Minister Najib Abdul Razak and Umno against the news portal.

The hearing was initially scheduled for today but had to be rescheduled because Najib's counsel Mohd Hafarizam Harun wrote in, seeking a postponement.

Malaysiakini 's lawyer Ashok Kandiah said Kamaludin fixed the date after meeting the parties in chambers.

Najib and Umno's organising secretary named Mkini Dotcom Sdn Bhd, the operators of the Malaysiakini news website, editor-in-chief Steven Gan (right) and chief editor Fathi Aris Omar in their suit.

Najib and Umno filed the suit in June on comments by Malaysiakini readers in two articles on the short-lived Terengganu menteri besar imbroglio.

The two articles are 'A case of the PM reaping what he sows' and 'How much will Najib spend to keep Terengganu?'

Mkini Dotcom on June 24 applied for Kamaluddin to be removed from hearing the suit over concerns of bias as the legal action is initiated by Umno and involved the ruling party and coalition.

The defendants are concerned that judicial commissioners do not enjoy security of their tenure since their position as High Court judges are not confirmed and that their confirmation may depend on Najib as the prime minister.

JC are not confirmed in post

In the recusal application, Malaysiakini said judicial commissioners, are appointed by the Yang di-Pertuan Agong, based on the advice of the PM after consultation with the chief justice.

Gan, in his supporting affidavit for the application, said the independence of the judiciary is vital and entrenched in the constitution.

"Judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial," he said.

                

It is a constitutional right and legitimate expectation to be given a fair trial.

"JCs (judicial commissioners) do not enjoy security of tenure. Further, there is no certainty that they will be appointed as judges of the High Court.

"When appointed as such, JCs are appointed for such a period (until they are confirmed).

 

"This state of affairs may cause a fair-minded and informed bystander to entertain a fear of real danger of bias on the part of the JC.

"The other defendants and I are uncomfortable with the situation," Gan said in his affidavit.

Related stories

Perkasa lodges reports against Mkini journalist

Police confirm probing Mkini journo for sedition

Guan Eng raps Perkasa over police reports

Police chief abuses law in PPS crackdown