Oleh Chris Maskilone
KOTA KINABALU: An affidavit-in-reply to the legal challenge by the late Karpal Singh’s daughter that Chief Justice Tan Sri Richard Malanjum failed to do anything on two complaints of judicial Interference will be filed soon.
“Yes I will definitely file an affidavit because that is an order (by the High Court),” he said when met after leading the Opening of the Legal Year 2019 procession from Karamunsing to the Kota Kinabalu Courts Complex here today.
Nonetheless, he said the affidavit, which is handled by the Attorney General’s Chambers would be prepared three to five weeks after the police have completed their probe.
“That is all I can say lest I will be accused of subjudice,” he said.
It was reported yesterday (Jan 17) that Justice Mohd Firuz Jaffril at the Kuala Lumpur High Court ordered the Attorney-General’s Chambers, which represented Malanjum, to file the reply by February 11, which has also been fixed for case mention.
Karpal’s daughter, Sangeet Kaur Deo, later told reporters outside the courtroom that she is concerned with conflict of interest in the case as the A-GC previously looked into her police report late last year on the alleged judicial interference in a sedition appeal by her late father.
“I am a complainant in the police report for my father’s sedition case, and I am not sure whether I am going to get a fair trial,” she had said
Sangeet also filed an originating summons in relation to allegations by former Court of Appeal judge Hamid Sultan Abu Baker on August 16 last year that he was reprimanded by a top judge for delivering a dissenting judgment in a unilateral Muslim conversion case in 2016 known as the Indira Ghandi case.
During the 2018 International Malaysia Law Conference, Hamid had claimed that he was barred from hearing cases related to the federal constitution and public interest matters.
However, during his speech at the Opening of the Legal Year 2019 here earlier, Malanjum had pointed out that his office had responded to the allegations through a press statement released on Nov 26 last year.
In the press release, Malanjum had said that an internal investigation into the allegations (pertaining to Indira Ghandi’s case) was carried out by the Malaysian Judiciary and all relevant parties were requested to give their views on the alleged incident.
“After due consideration, it was found that there were varying accounts given, hence the Malaysian Judiciary is not in a position to make a definitive finding on the allegations by Justice Hamid,” said Malanjum.
On Hamid’s allegations of interference in Karpal’s sedition case, Malanjum said the Malaysian Judiciary had also conducted an internal investigation but has since been suspended.
This was to make way for the police investigations and that the appeal in the case to the Federal Court was still pending, he said.
“The Malaysian Judiciary will not countenance any judicial interference of whatsoeve nature by anyone, especially by judges in the disposal of cases before the court,” the statement from Malanjum’s office said.
In her affidavit, Sangeet said she filed the originating summons “in light of his (Malanjum’s) failure thus far to investigate and complete investigations relating to two very serious allegations of judicial interference within the Malaysian judiciary.”-SabahNewsToday