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His lawyers said the senior judge, who is scheduled to retire in August, is staying away as he is challenging the composition and constitutionality of the committee.
“We do not know what the outcome will be now,” lawyer T Gunaseelan told FMT after emerging from the proceeding that lasted 25 minutes at the Palace of Justice this afternoon.
If the committee finds the judge to have erred, he can be suspended from his poisiton.
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Lead counsel Bastian Pius Vendargon, who is based in Kuantan, was unable to attend due to the movement control order.
Gunaseelan, who was assisted by Wilson Joy Appukuttan, Dinesh Nandrajog and Keshvinjeet Singh, said he had handed over a note to the committee before excusing themselves.
Chief Justice Tengku Maimun Tuan Mat, Court of Appeal President Rohana Yusuf, Chief Judge of Malaya Azahar Mohamed, Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and Federal Court Judge Vernon Ong Lam Kiat formed part of the committee.
Two others were retired Federal Court judges Suryadi Halim Omar and Prasad Sandosham Abraham.
Prior to the event, Gunaseelan said Hamid was unable to attend as he was unwell and wanted to maintain social distancing.
Gunaseelan then asked for an adjournment of today’s enquiry since the composition and constitutionality of the committee was a matter before the court. The Court of Appeal is set to hear tomorrow a stay application to stop the committee from proceeding with the case.
The lawyer said any decision made by the committee could not be challenged in court due to an ouster clause in the Judges’ Ethics Committee Act 2010.
“Assuming we fail to challenge the ouster clause, our client’s case will come to an end,” he said.
He said it would not be right for Hamid to participate when legal challenges had not been determined with finality.
After a five-minute recess, the committee unanimously refused to grant a postponement.
Last month, High Court Judge Mariana Yahya dismissed Hamid’s leave application for judicial review on an affidavit and a judgment.
She also allowed the committee’s application to strike out Hamid’s originating summons, which is closely tied to the remedy sought in the judicial review application.
In the judicial review matter, Hamid had wanted a declaration that the in-camera proceeding of the committee is against the rules of natural justice, irrational and unconstitutional.
As for the originating summons, Hamid is seeking a direction in relation to the affidavit and judgment he delivered in a criminal appeal case in June.
Three years ago, Hamid alleged there had been judicial interference in several high-profile cases.
In the judgment, among others, Hamid said the judiciary was expected to act as a check and balance on the executive and legislature, as provided for under the constitution.
Hamid was issued a show cause notice by the committee last August.
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