Friday, November 26, 2010

Frivolous and vexatious recusal bid

New Straits Times in an article title "Lawyer urges judge to step down voluntarily" dated 26th November 2010 stated Datuk Mohamed Zabidin Mohd Diah, trial judge has been urged by Karpal Singh to step down voluntarily from further presiding over Datuk Seri Anwar Al Juburi's sodomy case.

"We want your Lordship to step down without further submission from the public prosecutor," he said.

"Your Lordship must carefully consider as the impact of threatening a counsel has affected the mind of the accused (Anwar) whether he is going to get a fair trial."

The decision on whether Anwar's application to recuse High Court Judge Datuk Mohamed Zabidin Mohd Diah from continuing to preside over his sodomy trial will be made on December 6th.

This is his second attempt to recuse the judge after his first attempt to do it failed after the judge refused to cite contempt against Utusan Malaysia for a report the defence claimed to be prejudicial to the case.

It seems that Anwar Ibrahim and Karpal Singh is so desperate to recuse the judge since the judge had been so strict towards the sodomiser and will not entertain his attempts to delay the case further using petty reasons.

Mohd Hanafiah, Deputy Public Prosecutor (DPP) however reiterated that the application was frivolous and vexatious as there was clearly no basis to recuse a trial judge solely because a ruling was made against an applicant.

No intimidation existed as it was clearly an advice and reminder at its highest just like when a judge reminded a witness the consequences of telling lies in court.

I seemed to recall that Karpal Singh had once in a Parliament session, after the first sodomy trial was conducted, asked the government to explain the truth about Anwar Ibrahim's sodomy.

Anyone who can provide me with the exact sentence he used at the time are welcomed to put it in the comment area.