Kuala Lumpur High Court judicial commissioner Mohamad Ariff Md Yusof today decided to recuse himself from hearing the case of who is the rightful Perak menteri besar. Mohamad Ariff, a former senior partner of law firm Cheang and Ariff and a former PAS member, decided to disqualify himself from hearing the case following an objection from the Attorney-General’s Chambers...In his nine-page ruling this morning, Ariff stressed that the case filed by ousted Pakatan Rakyat menteri besar Mohd Nizar Jamaluddin had been assigned to him not by choice or upon his request. "It is a normal incidence of case assignment in the Appellate and Special Powers division of the High Court," he explained.
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Ariff also referred to objections raised by senior counsel Sulaiman Abdullah, who is leading a team of eight lawyers in representing Nizar. Ariff said Sulaiman had taken a diametrically opposed position but relying on the same principle of public interest and applying the same standard of "real danger of bias".
He said his position could be summarised in seven points.
- The real danger of bias test is not satisfied.
- I can sit and must sit, as a matter of constitutional duty.
- There is an imperative requirement that I preside and hear this case.
- The presumption is that a judge will be fair and impartial.
- Recusal will invite unwarranted comments regarding the judiciary.
- Recusal will send a wrong message that I cannot decide objectively on a matter of controversy.
- I can hear this case because my nexus is merely tangential, not personal or pecuniary.
The JC has displayed true professionalism. If only those in MACC can emulate him, there will not be any biased perception about MACC.
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