Judge who alleged abuses in judiciary slapped with show-cause letter
A senior judge who alleged abuses and fraud in the judiciary has been slapped with a show-cause letter.
Court of Appeal judge Hamid Sultan Abu Backer had made the claims in an affidavit in February last year, prompting the then Pakatan Harapan government to mull a royal commission of inquiry(RCI).
However, the RCI did not materialise as the Harapan government collapsed...
A senior judge who alleged abuses and fraud in the judiciary has been slapped with a show-cause letter.
Court of Appeal judge Hamid Sultan Abu Backer had made the claims in an affidavit in February last year, prompting the then Pakatan Harapan government to mull a royal commission of inquiry (RCI).
However, the RCI did not materialise as the Harapan government collapsed in late February.
Hamid Sultan's lawyer Joy Wilson Appukuttan confirmed that his client had received the show-cause letter, according to Free Malaysia Today.
"I will be replying to the notice within the 30-day period," he was quoted as saying.
The report said the show-cause letter was issued by Chief Justice Tengku Maimun Tuan Mat, who also chairs the Judges' Ethics Committee.
Apart from asking that he explain the affidavit, the letter also wanted Hamid Sultan to explain a recent judgment in which he had remarked that the courts should ensure the Federal Constitution is not amended against public interest and fundamental liberties, according to the report.
Wilson, when contacted, said the notice, dated Monday (Aug 10), was issued following complaints made pursuant to the Judges Code of Ethics 2009.
"The complaints are related to his affidavit filed on Feb 14, 2019 and his grounds of judgment dated June 17, 2020 in PP v Aluma Mark Chinonso & another appeal," he said.
Hamid Sultan, in his affidavit, had among others alleged that certain judges had intervened in high-profile cases.
A substantial part of his affidavit had since been expunged.
Hamid Sultan is scheduled to retire next year.
In a related development, human rights group Suaram expressed concern over the show-cause letter.
"The failure for an open and transparent investigation into the allegation put forward by Hamid Sultan’s affidavit has left the door open for the public to doubt the integrity and independence of our judiciary.
"The decision to pursue the matter against Hamid Sultan as opposed to investigating the allegation will only enforce the perception that the allegations have merit and it is being suppressed," said Suaram executive director D Sevan.
He said the judge's concerns should instead be addressed through an RCI.
Sevan also expressed worry that such show-cause letters can have a chilling effect on judges.
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