The RPK case – grounds of judgment
Art Harun
With regard to my post "The RPK case – a significant victory", I would like to inform that the Federal Court's grounds of judgment, as written by the Chief Judge of Borneo, Justice Richard Malunjum, could be found at the the Court's website.
Among others, the Court said:
"18. In the present case the two-member panel considered the application for the recusal of Augustine Paul FCJ. Ordinarily such sitting is contrary to section 74(1) of CJA which stipulates that ‘every proceeding in the Federal Court shall be heard and disposed of by three Judges or such greater uneven number of Judges as the Chief Justice may in any particular case determine’.
19. However for the reasons given in their Judgment as indicated above the two member panel ruled that they could continue with the hearing.
20. With respect we do not think it is tenable to say that the hearing had commenced just because an application for adjournment was made and allowed."
