KUALA LUMPUR: Opposition Leader Anwar Ibrahim is not the only person on trial. The Malaysian legal system is too, said lead counsel Karpal Singh today.
The veteran lawyer also reminded High Court Judge Mohamad Zabidin Mohd Diah that the world was watching the events unfolding at the Sodomy II trial.
Karpal said this when applying for the judge to recuse himself from hearing the case.
“Your lordship is under scrutiny and Malaysia's legal system is on trial as a result of this case,” he said, citing United States' Secretary of State Hillary Clinton's call for Anwar to be given a fair trial and the presence of US embassy officials in the courtroom as proof.
In view of this, he said if there was real danger of bias, the judge must recuse himself.
He also related a Federal Court finding, where the late Justice Abdul Malek Ahmad had reprimanded the then Anwar trial judge Augustine Paul.
In the judgment, Karpal said, Abdul Malek had remarked that Paul had acted as if in defence of the public prosecutor.
Following this he read the court proceeding notes regarding the defence's complaint against Justice Zabidin when the latter said he could not compel Hospital Kuala Lumpur forensics pathologist Dr Siew Sheue Feng to disclose the medical notes.
Threatened with contempt
In the ensuing verbal tussle two days ago, Karpal noted that the judge had “threatened” him with contempt, which the senior lawyer claimed was unwarrented as he was merely ensuring the interests of his client.
Justice Zabidin later withdrew the threat, and conceded that it was improper.
Karpal, in his submission this morning, reieterated that it was improper for the judge to intimidate the counsel and stressed that was why his client wanted Justice Zabidin to be disqualified.
The counsel said that judges must be fair and impartial, noting a case where former High Court judge, KC Vohrah, had agreed to recuse himself.
Karpal also referred to the Judges Code of Ethics 2009.
"Under the code, judges can be subject to disciplinary proceedings if found to be biased. I am giving your lordship a gentle reminder, your lordship must carefully consider, if your lordship insists on carrying on, you must be prepared for the consequences. A judge cannot act as he pleases as they are now subject to new laws, legislation and convention," he said.
Karpal also referred to the Judges Ethics Committee Act 2010, where judges were required to execute their duties without prejudice.
Citing the Bangalore Principles of Judicial Conduct 2002 which stipulates the need for judicial integrity, he said that judges must abide by this.
Karpal said Justice Zabidin's threat had an effect on his client who wanted an independent, fair and impartial hearing.
Solicitor-general II Mohd Yusof Zainal Abiden, who is leading the prosecution team, was not present in court as he was ill.
Following Karpal's submission, DPP Mohd Hanafiah Zakaria told Justice Zabidin that they needed time to prepare submission since Yusof was unwell.
Zabidin allowed the case to resume at 8.30am tomorrow for the prosecution to reply.
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