JUSTICE FOR JUSTICE

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JUSTICE FOR JUSTICE

1.    The suspension of Justice Hamid Sultan, Judge of the Court of Appeal, on 4-2-2021 by the Judges’ Ethics Committee for a period of 6 months until his retirement, is a cause of great concern to Judges, Lawyers, members of the public, and to the Government as a whole.

2.    The 1st complaint against this very senior and learned Judge is in respect of a judgment written by the judge sitting in the Court of Appeal and which judgment was upheld by the Federal Court (the highest court in this Country).

3.    The 2nd complaint against this judge was in respect of an affidavit affirmed by the judge in a court proceeding, wherein the judge disclosed serious judicial misconduct relating to a case of sodomy involving Dato Seri Anwar Ibrahim and another case of sedition involving the late  Mr. Karpal Singh.  This affidavit also disclosed, how this judge was also reprimanded by another very senior judge for a judgment that he had written and which judgment was upheld by the Federal Court.

4.    The PH government had initially agreed to establish a Royal Commission of Inquiry (RCI) to investigate the serious allegations made by Justice Hamid Sultan.

5.    It has now come to light that the then Prime Minister decided to put the establishment of the RCI “on the back burner” due to the unhappiness voiced by some past and present judges on the establishment of the RCI.

6.    It has to be accepted that the affairs of the judiciary must be clear and transparent and any allegation of impropriety is a matter of public interest and cannot be dealt with or disposed off in private or in camera, like a private club.

7.    Despite the call by numerous individuals and NGO’s, a RCI is yet to be established.

8.    We the undersigned call upon the Government to immediately establish a RCI to investigate into the very serious and damaging allegations disclosed by Justice Hamid Sultan.

9.    The establishment of the RCI is imperative for the dignity and independence of the Malaysian judiciary.

10. In similar vein, in UK the Supreme Court ruled judge Claire Gilham should be allowed to take her case to an employment tribunal because excluding her from whistleblowing protection rules would breach her human rights.

11. Judge Claire Gilham stated that “You can’t have justice without independent and unafraid judges, and if judges can’t speak out to protect the court system, then justice suffers and the people caught up in the system suffer too.”

12. Likewise Justice Hamid  Sultan acted as a proper judge carrying out his duty in accordance   with the Oath of Office that he took as a judge.

13. Please support this petition to ensure that the Malaysian judiciary remains independent and above suspicion.

Links to articles :-

If The Judiciary Are Perfect, Why Not Let Us See How Perfect They Are And Hold An RCI?

https://www.sarawakreport.org/2021/02/if-the-judiciary-are-perfect-why-not-let-us-see-how-perfect-they-are-and-hold-an-rci/

Suspension of ‘whistleblower judge’ a blow to fight against corruption, says C4 :-

https://www.freemalaysiatoday.com/category/nation/2021/02/06/suspension-of-whistleblower-judge-a-blow-to-fight-against-corruption-says-c4/

LETTER | Justice Hamid Sultan – the need for RCI :-

https://www.malaysiakini.com/letters/561547

Judges’ Ethics Committte suspends Court of Appeal Judge Hamid Sultan until August :-

https://www.malaymail.com/news/malaysia/2021/02/05/judges-ethics-committte-suspends-court-of-appeal-judge-hamid-sultan-until-a/1947061