The Kuala Lumpur High Court will decide on March 1, to decide on the objection raised by attorney-general Abdul Gani Patail over a judicial review application on Chief Justice Zaki Azmi’s alleged misconduct.

Abdul Gani had raised that objection that the applicant Karpal Singh has no locus standi (legal standing) to raise the matter, and that it is not an arguable case.

Abdul Gani has objected on a point of law to Karpal’s leave application for a mandamus order to compel the chief justice to explain remarks that he had bribed court staff while a lawyer.

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Karpal is seeking to compel Zaki to explain the matter and to have him brought before the Judges Code of Ethics Tribunal.

The submissions on the matter were heard in the chambers of Justice Aziah Ali.

With Abdul Gani were Attorney-General’s Chambers Appellate and Trial division head Kamaludin Md Said and Civil division head, Azizah Nawawi. Also present holding a watching brief was Bar Council vice-chairperson Lim Chee Wen.

Karpal told reporters that Abdul Gani said he (Karpal) cannot bring the matter as an MP, however the Bukit Gelugor MP replied that as an officer of the court and being a lawyer, he had the right to bring up the matter.

“If there is misconduct by a judge, then I should just keep quiet because I am an MP. That is not right. Furthermore, Zaki had allegedly said he bribed court officers in 1987.

“On June 11, last year, Zaki, at an award-giving ceremony, warned court officers against accepting bribes. Zaki clearly demonstrated a serious defect in his character warranting disciplinary action under the Judges Ethic Committee Act 2010,” he said.

Karpal said the Judges Ethics Committee Act came into force on March 4, 2010, and thereby bringing Zaki within the ambit of the Judges Committee Act, in that when the top judge was a practising lawyer and his utterance at the award ceremony clearly reflected the highest form of hypocrisy amounting to serious misconduct to his reputation and standing.

“Zaki should be the last person who pontificates in making such a statement at the award ceremony,” he said.

On March 1, Justice Aziah will decide on whether to allow Abdul Gani’s objection which would result in the case not being heard further or to grant leave for the court to hear its merits.

Other declarations

Karpal is also seeking a court order to prevent Zaki from determining the merits of the complaint against him.

In his application, Karpal said that under Section 5 of the Judges Ethics Committee Act 2009, the proper authority to hear complaints against Zaki would be a retired chief justice or retired federal court judge.

“No one should be a judge in his own cause,” he said.

Zaki, who was previously an Umno legal advisor, will turn 66 in September, which is the legal retirement age for judges in Malaysia.

This is the latest attempt by Karpal to put pressure on Zaki over an apparent admission at a convention in Kuching in 2008, that he (Zaki) had bribed court officials while he was a practising lawyer.