2-man bench quashes bid to remove judge
(NST) PUTRAJAYA: Federal Court judge Datuk Seri S. Augustine Paul will remain on the three-man bench to hear the home minister's appeal against the release of blogger Raja Petra Kamarudin who was detained under the Internal Security Act.
An unprecedented two-man bench unanimously dismissed Raja Petra's application to disqualify Paul.
Raja Petra, who was not in court yesterday, wanted to restrain Paul from hearing the appeal brought by the prosecution on grounds that Raja Petra had made several remarks about the judge on his website since 2000.
The blogger said Paul had formed an opinion that he was a threat to national security in a judgment in 2001.
Judge Datuk Nik Hashim Nik Abdul Raman, who sat with Datuk Zulkefli Ahmad Makinudin, said the application was without merit.
"We now call upon Paul to take his rightful place on the bench."
At the start of the hearing, Paul recused himself because "justice must not only be done but must be seen to be done". The merit of the home minister's appeal will be heard on Monday.
Earlier, Raja Petra's counsel Malik Imtiaz Sarwar asked for Paul to be replaced with another judge as the Courts of Judicature Act prescribed an uneven number but a minimum of three judges.
"Based on previous judicial pronouncements, this sitting will be unconstitutional."
However, Nik Hashim said the law provided that he and Zulkefli could hear the application if a judge was unable to attend proceedings for some reason.
Nik Hashim, Paul and Zulkefli also unanimously dismissed three other applications sought by Raja Petra:
– For the existing three-man bench to be increased to five on grounds that complex and constitutional issues which have far-reaching consequences would be argued.
– For fresh evidence to be adduced in the Federal Court to show he was not a threat to national security after the High Court in Shah Alam allowed his habeas corpus application on Feb 17.
– To introduce the notes of evidence in his ongoing sedition trial at the Petaling Jaya Sessions Court that prosecution witness Superintendent Gan Tack Guan admitted that he did not investigate the truth of the article "Let's send Altantuya murderers to hell" which was posted on the blogger's website.
Counsel Azhar Azizan Harun, who is appearing with Malik, said the notes of proceedings were important to show bad faith by the home minister in allowing an order to detain Raja Petra under the ISA for two years.
Deputy public prosecutor Tun Majid Tun Hamzah appeared for the home minister.
