The Federal Court today was urged to send a strong message against judicial bias by nullifying the Court of Appeal judgment against toll concessionaire Metramac Corporation Sdn Bhd.

Metramac's lawyer Muhammad Shafee Abdullah said the "adverse statements" made by Court of Appeal judge, Gopal Sri Ram, against former finance minister Daim Zainuddin and business tycoon Halim Saad had tarnished the integrity of the entire judicial system.

Gopal had in his controversial judgment said that Halim and his former business partner, Anuar Othman, had siphoned RM32.5 million while under the alleged patronage of Daim.

Shafee argued that the court should not disregard the seriousness of such a "bias statement" especially given that it was made against parties not involved in the suit between Metramac and Fawziah Holdings.

He stressed that the appellate court had not called the former finance minister and the two businessmen named by Gopal as witnesses during the hearing.

"Such approach to evidence is wholly inadequate when the non-parties are castigated and convicted as a result, " he argued.

"Having the adverse remarks and findings against the non-parties, there is indeed a real danger that the Court of Appeal had, or might have, allowed itself to be influenced against (Metramac)."

'Fix the wrong done'

According to Shafie, the "Court of Appeal had ignored relevant evidence and instead went on its own frolic to favour Fawziah Holdings".

Shafee urged the Federal Court to fix the wrong which the lower court had committed.

Judicial bias is one of the three issues which is considered by the Federal Court. The country's highest court is to decide on following issues in hearing the appeal:

  • Whether the creation of trust under the sale agreement amounts to an illegal reduction of capital;

  • Whether the test adopted by the Court of Appeal was correct in its determination that clause 8 of the Signage Agreements is a stipulation by way of penalty named in contract for purposes of Section 75 of the Contract Acts 1950; and

  • Whether the Court of Appeal's adverse remarks or findings show a real danger of bias in the judgment arrived at against Metramac.

    • Metramac - the concessionaire of the East-West Link Expressway and the Sungai Besi Expressway - is appealing against the ruling to pay Fawziah Holdings RM65 million for the breach of contract on advertising rights.

    At the same time, Daim and Halim are appealing for Gopal's specific remarks against them to be expunged from the decision.

    The case was heard before a five-member panel of judges led by chief justice Ahmad Fairuz Sheikh Abdul Halim.

    The hearing will continue tomorrow.