Karpal tells judge he is not above law
By Shazwan Mustafa Kamal, The Malaysian Insider
KUALA LUMPUR, Nov 25 — Datuk Seri Anwar Ibrahim’s lead defence counsel Karpal Singh today cautioned Sodomy II trial judge Datuk Mohd Zabidin Mohd Diah in deciding on the defence’s application to disqualify him, saying that there were laws and rules in place to punish a judge for being “biased”.
Anwar claimed yesterday the presiding judge in his Sodomy II trial had “intimidated” Karpal after he moved to disqualify the judge.
In a written affidavit filed along with a notice of motion to disqualify Mohd Zabidin, Anwar said the judge had “threatened” Karpal earlier this week when the lawyer gave notice of the defence’s intentions to file an application to disqualify him.
In presenting the defence’s oral submission today, Karpal stressed that a judge was by no means above the law, and could face punishment “short of removal” of office.
“A judge can be subjected to disciplinary proceedings if he is found to be biased.
“I’m giving your lordship a gentle reminder, your lordship would have to carefully consider, if your lordship insists on carrying on, with biasness, (then) be prepared for the consequences,” said Karpal (picture).
Karpal explained that a Judges’ Ethics Committee 2010 was set up recently and the committee was empowered to look in possible cases of misconduct by trial judges as well as hand out punishments.
“A judge cannot act as he pleases, he or she is subjected to rules and laws,” he said.
Speaking to reporters outside the court, Karpal added that besides the ethics committee, a judge’s actions in presiding over cases were also under scrutiny in accordance with the judges’ Code of Conduct 2009.
“If a judge rules in a manner deemed biased, the Court of Appeal can also decide whether he has been biased.
“He (Mohd Zabidin) is subject to laws which can result in punishment short of removal,” said Karpal.
The white-haired lawyer had also told the court earlier of the international repercussions of the sodomy trial.
“This trial under close scrutiny. (There have been) calls by the United States Secretary of State, European Union and others for a fair trial. Malaysia’s legal system is also under trial.
“Your honour has no alternative but to recuse,” said Karpal.
