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Karpal tells judge he is not above law

By Shazwan Mustafa Kamal

November 25, 2010

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.
The trial is scheduled to continue tomorrow to allow the prosecution to reply to the defence’s submission.
Deputy public prosecutor Mohd Hanafiah Zakaria said the prosecution needed more time as Solicitor-General II Datuk Yusof Zainal Abiden could not make it to court today as he was “unwell”.
It is understood that Yusof had an accident this morning and injured his leg, although his exact condition has yet to be confirmed.
Anwar, the 62-year-old PKR de facto leader, is currently facing sodomy charges for the second time in his life.
The former deputy prime minister is charged with sodomising a former aide, Mohd Saiful Bukhari Azlan, at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.
Anwar has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him. He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.
He was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences. He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He had two years ago led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.