Abdul Malik, the 'plagiarist judge', recuses self!

Now we know the answer to the question, 

'Which Court of Appeal judge 'plagiarised judgment'?'

Almost a week after submitting a motion in the Dewan Rakyat, seeking a tribunal against a Court of Appeal judge for alleged plagiarism, Karpal Singh came face-to-face with the judge today.

It was an awkward moment as Karpal appeared before a three-member panel headed by Justice Abdul Malik Ishak when the former asked for the recusal of the latter (right) in an appeal and cross-appeal over a drug trafficking matter.

Karpal said, “With regret Your Lordship, I ask for your ... recusal from hearing this case following a motion that I filed under Article 127 for a motion of judicial misconduct and a tribunal be set for allegedly plagiarising a judgment written by a Singapore judge.”

Justice Abdul Malik said he had received a directive from the Court of Appeal president Justice Md Raus Sharif to chair the panel, also comprising Justices Azhar Ma'ah and Justice Mohtaruddin Baki and stressed that he took his oath as a judge to uphold justice.

DPP Kwan Li Sa said the prosecution has faith in the panel but Karpal reminded them that there was a question of perception if Justice Abdul Malik continues to hear the case.

Following this, the judge said calmly: “The case will be heard on Nov 14 before another panel without me.” - hence recusing himself.

Karpal was representing M Kula Segaran, 34, a labourer. He had initially been charged at the Shah Alam High Court with trafficking 12,654.14 grammes of cannabis at a house in Air Hitam, Batu 17½ Puchong about 11.30pm on May 17, 2006.

During the trial, the judge reduced the charge to one of possessing 908 grammes of cannabis at the same place that saw Kula Segaran convicted and sentenced to 12 years' jail and ordered to be caned 10 times.

Karpal is appealing the conviction while the prosecution has filed a cross-appeal to reinstate the trafficking charge that carries the death penalty upon conviction.