In-camera inquiry proceeding against judge to be heard on Feb 4
KUALA LUMPUR: The Judges' Ethics Committee's (JEC) inquiry proceeding against Court of Appeal Judge Datuk Dr Hamid Sultan Abu Backer will be held in camera this Thursday.
The decision was made after High Court Judge Datuk Seri Mariana Yahya rejected Hamid Sultan's application to adjourn the proceeding before the JEC, pending the Court of Appeal's decision on his appeal.
Senior Federal Counsel Ahmad Hanir Hambali when contacted by Bernama said the court rejected the application after Hamid Sultan failed to present exceptional circumstances to allow the postponement.
"The judge is of the opinion that the JEC has yet to decide whether the applicant has violated the Judges' Code of Ethics and the JEC should be given the opportunity to carry out their duties as provided, to decide on complaints made against the applicant," he said.
The virtual proceeding held yesterday before Judge Mariana was also attended by counsel Datuk Joy Wilson Appukuttan representing Hamid Sultan.
Meanwhile, Appukuttan in confirming the date said, the proceeding against his client would take place behind closed doors at the Palace of Justice, Putrajaya at 3 pm.
On Jan 21, Hamid Sultan failed in his application to challenge the JEC's decision to hold a closed-door inquiry against him after High Court Judge Datuk Seri Mariana Yahya allowed the objection by the AttorneyGeneral's Chambers against Hamid Sultan's application for leave for judicial review.
Hamid Sultan filed an appeal against the decision in the Court of Appeal, however the appeal hearing date has not been fixed.
On Oct 20 last year, Hamid Sultan filed for leave for judicial review in the Kuala Lumpur High Court naming the chairman of the JEC and the JEC as the first and second respondents respectively and applied to quash the decision of the respondents stated in the first respondent's letter dated Sept 28 and Sept 29, as well to declare the decision as invalid and void, in violation of Articles 5 and 8 of the Federal Constitution.
Chief Justice Tun Tengku Maimun Tuan Mat is the current
JEC chairman.
Hamid Sultan, through his affidavit of support, said the application was filed based on the decision of the first respondent to investigate two complaints that had been raised against him by other judges involving his judgment as the Court of Appeal Judge in the Public Prosecutor's case against Aluma Mark Chinonso & Anor, and the affidavit he affirmed in support of an originating summons filed by lawyer Sangeet Kaur Deo, who sought several declarations with respect to court decisions made in her late father Karpal Singh's appeals.
According to Hamid Sultan, investigations into misconduct involving judges should not be conducted behind closed-doors as this contradicts the principle of judicial independence. – Bernama