Taking our country back : Judiciary must be the first port of call

ARCHIVES 2010

By admin-s On May 25, 2010

Should Zaki be deciding which judge hears Zaid’s petition?

If Apandi could not hear Anwar’s application on the principle of likelihhood of bias, given his past connection with Umno, how can Zaki, applying the same principle, be in any way involved with Zaid’s petition, including the selection of the judge who is going to hear and dispose of the same

By Haris Ibrahim

Last week, Malaysiakini reported that Anwar’s application to the Court of Appeal to stay the proceedings of the sodomy trial in the High Court was dismissed.

What I found to be telling was that, as reported, Justice Zaharah had replaced Justice Md Apandi Ali, who had recused himself from hearing the application after Karpal objected to his hearing the same, on the grounds that Apandi had once held the position of Kelantan Umno treasurer and had served as the legal advisor to Kelantan Umno, and that there was therefore the likelihood of bias.

Now, yesterday, Zaid’s team of lawyers filed his petition to nullify the recent Hulu Selangor by-election results.

Malaysiakini reported yesterday that Imtiaz, one of Zaid’s lawyers, explained that the petition would have to be heard within 6 months and focuses on the issue of election bribery, specifically, Najib’s promise of RM3 million to the Chinese school and the monetary offers to the Felda settlers.

Malaysiakini also reports that Imtiaz said that the petition will be heard and decided in the course of a trial presided over by a judge appointed by the Chief Justice.

The Chief Justice is Zaki, who once served on Umno’s discliplinary committee and once was involved in the destruction of incriminating evidence, to wit, burning his marriage certificate issued in Thailand to avoid the same being discovered by his first wife.

Zaki also used to represent Umno in court proceedings.

My question.

Should Zaki be deciding which judge hears Zaid’s petition?