Seremban High Court judge Kamaludin Md Said will decide on Dec 16 whether to allow an application by Malaysiakini to recuse him from hearing Prime Minister Najib Abdul Razak's suit against the online news portal.

Justice Kamaludin annouced this today after hearing submissions on the matter from portal operator Mkini Dotcom Sdn Bhd, which was represented by Ashok Kandiah, and from Mohd Hafarizam Harun for Najib and Umno executive secretary Abdul Rauf Yusoh.

Ashok told Malaysiakini that he had submitted in court that if Justice Kamaluddin continued to hear the case, it would give the impression that the judge had been specially selected to hear this matter.

Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin has maintained that Justice Kamaludin will hear the suit by Najib and Umno against Malaysiakini and this decision was conveyed by the special officer II to Justice Zulkefli, Shazali Hidayat Shariff, in a letter dated March 16.

Ashok pointed out that the case management on the matter had not been concluded when Justice Kamaluddin was transferred to Seremban, and therefore, there were other High Court judges in Kuala Lumpur who could hear the case proper.

He added: “This brings a real danger of bias if Justice Kamaludin continues (to hear the case against Malaysiakini ).”

However, Hafarizam ( photo ) countered that should Justice Kamaludin remain in KL, there could not be any issue for the news portal.

Najib and Abdul Rauf had filed the suit in the High Court in Kuala Lumpur on June 4 last year, naming Mkini Dotcom Sdn Bhd, editor-in-chief Steven Gan and former chief editor Fathi Aris Omar as defendants.

Najib, who is also Umno president, and Abdul Rauf filed the suit over two articles published on the website containing readers' comments on the Terengganu imbroglio, which saw Ahmad Said being replaced as the state menteri besar by Abdul Razif Abdul Rahman.

Mkini Dotcom also filed a judicial review to challenge Justice Zulkefli’s decision in having Justice Kamaludin hear the case. However, this was dismissed by Kuala Lumpur High Court judge Asmabi Mohamad.

The news portal is trying to recuse Justice Kamaludin on grounds that it is not normal practice for a High Court judge in Seremban to hear a matter filed in Kuala Lumpur, that there is no special circumstance for this and that a hearing date for the suit was yet to be fixed.

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