KUALA LUMPUR (Oct 2): The Chief Justice’s (CJ) office seeks to have 144 out of 152 paragraphs in a judge’s affidavit — or almost 95% of the document — struck out as they are hearsay, the High Court here heard on Wednesday.
The Attorney-General’s Chambers, which appeared for the CJ’s office, told the court that the affidavit containing explosive allegations by Court of Appeal (COA) judge Datuk Hamid Sultan Abu Backer about the judiciary did not state the source of his knowledge about the matters it describes.
Senior Federal Counsel (SFC) S Narkunavathy said that what Hamid claimed about being reprimanded by a senior judge for his dissenting judgment in the M Indira Gandhi case was not relevant to the suit by Sangeet Kaur Deo against the CJ's office, in support of which Hamid had filed his affidavit.
“An affidavit which is affirmed is something that is within his own knowledge on a statement that could be used as evidence, and that if it is based on a belief, the source in making the claim has to be identified,” said Narkunavathy.
“If not it would be considered hearsay. For this reason, we are seeking to strike out portions of the affidavit as they are unsupported by any proof. What he claims is nothing to do with judicial misconduct or consists of a constitutional crime,” she said.
Narkunavathy said although Justice Hamid sat in the Indira Gandhi case, it is not relevant to the sedition case involving the late Karpal Singh, who was Sangeet’s father and Bukit Gelugor MP.
In some of the paragraphs, Justice Hamid made assertions against different judges, but did not identify them, she added.
She cited for instance a meeting that Hamid described involving other judges at an Italian restaurant, where they wondered what would happen to them after the 14th general election in May last year, as an allegation that should be removed as he did not name the judges.
Counsel Malik Imtiaz Sarwar who acted for Sangeet said the affidavit should remain as it is because Sangeet as the applicant intends to withdraw the suit anyway.
Justice Datuk Mohd Firuz Jaffril fixed Oct 22 to deliver his decision on the request to expunge portions of Justice Hamid's affidavit.
Sangeet, when met by reporters after the trial said Justice Hamid's claim was something that should be investigated and the Government should continue forming a Royal Commission of Inquiry (RCI) on the judiciary as promised.
“This requires an investigation either internally or through an RCI. The present Chief Justice (Tan Sri Tengku Maimun Tuan Mat) did conduct an initial investigation and wrote back to inform that this was done by a former judge.
“I am really questioning why the continued silence on this issue, why everyone is suddenly keeping quiet. Now they want to expunge a huge chunk or more than 90% of the Court of Appeal judge's affidavit. What is the purpose?” she said.
It was previously reported that the Government will form an RCI on the judiciary as announced by Prime Minister Tun Dr Mahathir Mohamad in February, but since then there had not been any developments.
Sangeet had filed the suit against the CJ’s office in January seeking a declaration that then-CJ Justice Tan Sri Richard Malanjum had failed to defend the integrity of the judiciary.
Justice Hamid’s affidavit in support of Sangeet’s suit alleged that there was interference in Karpal’s sedition appeal at the COA.
The court had initially wanted to acquit the DAP stalwart but was influenced by senior judges to maintain his conviction in 2016.
Justice Tan Sri Tengku Maimun Tuan Mat, who is currently the Chief Justice, was part of the COA bench and was the only judge who dissented and wanted Karpal be freed.
Following the family's appeal at the Federal Court this year, the family managed to gain an acquittal for Karpal and Sangeet indicated to the High Court in August this year that she may withdraw the suit.
However, she cannot withdraw it since the CJ's office wants to expunge most of Justice Hamid's affidavit whereas she wants to defend some portions of it especially where allegations are made.