Appellate judge makes shocking claims of judicial scam in affidavit NATION Thursday, 14 Feb 2019 10:29 PM MYT
Court of Appeal
judge Datuk Dr Hamid Sultan Abu Backer filed a 65-page affidavit alleging
a purported scam
between certain judges and private litigants. Court of Appeal judge Datuk Dr
Hamid Sultan Abu Backer filed a 65-page affidavit alleging a purported scam
between certain judges and private litigants. PETALING JAYA: An appellate judge
has made shocking claims in court papers, exposing purported scam between
certain top judges and private litigants to cheat the government. The
revelation by Court of Appeal judge Datuk Dr Hamid Sultan Abu Backer was
contained in his 65-page affidavit filed in support of an application by famous
lawyer Karpal Singh’s daughter Sangeet Kaur Deo to declare that the chief
justice had failed to defend the integrity of the judiciary in two cases. He
said the scam was carried out by nominees of politicians getting into contracts
with the government, but once the government pulled out, the private parties
would take the government to court to claim compensation. The private parties
created contracts with the government to defraud public funds and the apex
court was perceived to be sympathetic to them, said Hamid. “Subsequently, the
government will terminate the contract and the nominee will sue the government
for breach of contract. “The government may record a consent judgment accepting
liability and agreeing to assess damages. “This modus operandi was to deprive
the exchequer by false claims,” he wrote in the affidavit. He said this was
illegal and to stump it, he developed the jurisprudence relating to fraud on
the exchequer or entering into unfair terms with the government, which will
make the contract unenforceable based on public policy grounds. He claimed that
some top judges frowned upon his move and judgments on commercial matters that
supported the government. Hamid also hinted at a top judge, whom he referred to
as “ARLC”, who became a sort of a “Maharajalela” (tyrant) dictating what the
judges should do and write. This was also the same judge who reprimanded him as
he was upset with Hamid’s jurisprudence that prevented ARLC from helping the
nominees, said Hamid. Hamid also claimed he has direct knowledge of judicial
and constitutional misconduct in the judiciary in consequence of at least two
events. The first one being that a month before the 14th General Election last
May, a top judge and other judges including himself met for lunch at an Italian
restaurant, when the top judge and a number of the other judges were concerned
they would be removed if the opposition came to power. “Basically, it was a
confession relating to guilt,” he wrote. The other event was that after the
election, a senior judge informed him that there was interference in Datuk Seri
Anwar Ibrahim’s case decisions at the Court of Appeal as well as at the Federal
Court and similarly also in Karpal Singh’s sedition case. “These two events
brought me back to flashbacks of other events which together made a strong case
for Royal Commission of Inquiry (RCI) as well as tribunalisation to expose
judicial as well as constitutional misconduct of top judges with the aid and
support of other judges,” he said. He said the contents of his affidavit were
prima facie to expose constitutional and judicial misconduct before the
election and also after the election, which is continuing without abate. There
was also sufficient material to purportedly say top judges are continuing to
mislead the public so as not to expose the judicial crimes, said Hamid. “The CJ
(Chief Justice) himself not seeking RCI when the Bar Council has publicly
demanded twice for RCI - this is one of the disappointments and regrets. “In
addition, a former Chief Justice has sarcastically questioned the integrity of
the CJ. The CJ has not responded to it,” he wrote. Hamid, however, acknowledged
that there were a number of good judges of integrity as well as competence in
the Court of Appeal as well as at the High Court, including judicial
commissioners. He did not say the same about many of the apex judges in the
past and present as he claimed that they knew of the wrongdoings and did not
lift a finger to stop the judicial massacre in the administration of justice.
“In fact, some of the senior ones were directly or indirectly involved in
fixing of coram or had full knowledge of constitutional as well as judicial
misconduct and were silent or supported the constitutional crime by top judges
for their own selfish interest related to promotion, etc thereby destroying the
integrity of the administration of justice,” he said. TAGS / KEYWORDS: Courts ,
Datuk Dr Hamid Sultan Abu Backer , Scam
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