INQUIRY INTO ALLEGED JUDICIAL INTERFERENCE

INQUIRY INTO ALLEGED JUDICIAL INTERFERENCE

 

Speaking at the International Malaysia Law Conference on August 16, 2018, Hamid Sultan JCA revealed that he was reprimanded by a top judge for giving a dissenting judgment in the Indira Gandhi case in 2016.

On August 23, 2018, the daughter of the late Karpal Singh lodged a police report following a claim by a lawyer that a senior judge had meddled in the decision of the sedition appeal case involving her late father.

On August 31, 2018, the Malay Mail, quoting a statement issued by the Chief Justice’s office, reported that an internal inquiry into the allegations had commenced.

According to the statement, “After the result of the internal investigation is received, the chief justice will take the appropriate action.”

Since an inquiry into alleged judicial interferences is being carried out, I would also like an inquiry to be done in order to find out:

1. Whether there was an interference by any judge that had led Rahmah Hussain FCJ to change her mind to give a dissenting judgment in Dato’ Seri Anwar Ibrahim’s first sodomy appeal in the Federal Court after she had initially agreed with my draft judgment;

2. Whether there was any judge who wrote or assisted her in writing her dissenting judgment and, if there was, to identify the judge.

To avoid any possible likelihood of conflict of interests, Tan Sri Richard Malanjum, CJ, should not be a member of this inquiry.

Tun Abdul Hamid Mohamad

02 09 2018

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