Justice Hamid orders MACC probe, but apex court expunges it
In his shocking affidavit last week, Court of Appeal judge Hamid Sultan Abu Backer claimed judicial interference in the case of Leap Modulation Sdn Bhd vs PCP Construction Sdn Bhd.
Hamid had made a dissenting judgment in the case at the appellate court last July, which was later heavily expunged by the Federal Court last November...
In his shocking affidavit last week, Court of Appeal judge Hamid Sultan Abu Backer claimed judicial interference in the case of Leap Modulation Sdn Bhd vs PCP Construction Sdn Bhd.
Hamid had made a dissenting judgment in the case at the appellate court last July, which was later heavily expunged by the Federal Court last November.
According to the Federal Court ruling which Malaysiakini sighted, the expunged parts of Hamid's ruling contained serious criticisms of the Asian International Arbitration Centre (AIAC), including a call for a probe by the MACC and police.
Among others, Hamid questioned why a "foreign body" such as the AIAC had a monopoly in the administration of justice in domestic arbitrations, as well as matters under the Construction Industry Payment and Adjudication Act (CIPAA 2012)
This monopoly, he said, was against the rule of law and the Federal Constitution.
He also said both the CIPAA and Arbitration Act 2005 had been formed to benefit the AIAC, thus compromising the administration of justice.
He also questioned the fees collected by the AIAC.
His expunged judgment said this matter should be investigated by the authorities and directed his registrar to forward his ruling to the MACC and police for them to act on.
Malaysiakini is unable to publish the expunged paragraphs verbatim in line with the Federal Court's ruling.
The Federal Court's decision to expunge parts of Hamid's rulings was made by a leave panel, which also granted leave for AIAC to intervene in the case between Leap Modulation and PCP Construction.
The AIAC was previously known as the Kuala Lumpur Regional Centre for Arbitration (KLRCA).
It has three mandatory functions, namely international arbitration, domestic arbitration and construction industry payment disputes.
Lawyer Arun Kasi (photo), who is a critic of the AIAC, has lodged a report with the MACC over the Federal Court's decision, which he said was riddled with anomalies.
"Most strangely, the parts of the judgment, in effect making a report to the (police) and MACC too, was expunged.
"This is unheard of that someone is stopped from lodging a complaint with any lawful authority that may receive the complaint," he told Malaysiakini.
The lawyer also questioned why the Federal Court's leave panel immediately made an expunging order, together with leave for AIAC to intervene.
"To my knowledge, this is unprecedented," he added.
Malaysiakini understands that the leave panel commonly does not grant substantive orders requested by the intervening party - who must file separate papers on their prayers.
However, it is understood that this is within the Federal Court's ambit of power.
In his affidavit, Hamid said his ruling was expunged in a manner "unprecedented in Commonwealth jurisdictions."
He claimed the AIAC, through “sympathetic persons,” started exerting pressure on him over the dissenting judgment.
He also claimed that certain top judges had given a lending hand to the AIAC.
Hamid said the conduct of the judiciary on this case in itself warranted a Royal Commission of Inquiry (RCI).
Malaysiakini has contacted the AIAC for a response.
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