AG withdraws appeal against interim stay granted to judge Hamid Sultan

PUTRAJAYA: Attorney-General (AG) Tan Sri Idrus Harun today withdrew his appeal over a High Court decision allowing an interim stay of the Judges’ Ethics Committee’s (JEC) inquiry proceedings against Court of Appeal (COA) Judge Datuk Dr Hamid Sultan Abu Backer, which was scheduled on Nov 25.

Senior Federal Counsel Mohd Sabri Othman informed a three-member Court of Appeal panel led by Datuk Mohamad Zabidin Mohd Diah that the Attorney-General’s Chambers (AGC), which was representing the appellant (Idrus), was withdrawing its appeal filed on Nov 23 against the decision made by the Kuala Lumpur High Court on Nov 12.

"We were informed that the respondent's (Hamid Sultan) side had no objection to this application and there was no issue related to costs,” said Mohd Sabri.

However, he said the notice of discontinuance of the appeal was not filed as Hamid Sultan's counsel did not give their consent due to the 'facts and circumstances of this case'. Justice Mohamad Zabidin, who heard the matter with justices Datuk Abu Bakar Jais and Darwryl Goon Siew Chye, then struck out the appeal with no order as to costs.

On Nov 12, High Court Judge Datuk Seri Mariana Yahya granted the interim stay to Hamid Sultan, until his application for leave for a judicial review that challenges the JEC's decision to hold the investigative proceedings against him (Hamid Sultan) in-camera came up for hearing on Dec 10.

The court then extended the interim stay pending the decision for the judicial review application, which was fixed on Jan 21 next year.

With this extended interim granted, the date for JEC’s inquiry proceedings has yet to be fixed.

Federal Counsel M. Kogilambigai also informed the panel that the AG had filed a fresh appeal against the extended interim stay with the certificate of urgency last week, to have the matter to be heard soon.

Earlier, Hamid Sultan's lead counsel Datuk Bastian Pius Vendargon told the court that his client was disturbed by the insistence for the matter to be heard on an early date, between Christmas and New Year.

"Because counsel, that's me as well as Datuk Joy Wilson Appukuttan, are both celebrating Christmas, although this case is of public importance," he said.

Justice Mohamad Zabidin said the court registry would consult parties before fixing a date to hear an appeal and a panel will only be assembled to hear the appeal after the registry has fixed the date.

Later, during a case management before senior deputy registrar N. Kanageswari, the court fixed Jan 14 next year to hear the appeal.

Hamid Sultan filed the application for leave of a judicial review in the Kuala Lumpur High Court on Oct 20, naming the chairman of the JEC and the JEC as the first and second respondents respectively.

He is seeking a certiorari order 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.

He is also seeking a declaration that the composition of the seven members of the committee to listen to and deliberate the complaints made against him as violating legal procedures and regulations.

The judge is also seeking a declaration that the first respondent, as the chairman of the committee, was not eligible to hear or deliberate the complaints raised in the first respondent's notice dated Aug 10. Chief Justice Tun Tengku Maimun Tuan Mat is the chairman of the JEC at present.

Hamid Sultan, through his affidavit of support filed with the judicial review, said the application was made to protest the decision of the JEC not to allow his request for the proceedings to be heard in an open forum.

He 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.

-- BERNAMA