Wednesday, 25 February 2009

JC recuses himself from hearing case against Perak MB

(source: The Star)

Judicial Commissioner Justice Mohamad Ariff Md Yusof has recused himself from hearing the judicial review filed by former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin challenging the validity of his successor’s appointment, saying he made the decision based on the principles of justice.

“The primary concern must be that justice must manifestly be seen to be done,” he said.

Justice Mohamad Ariff noted that his involvement would court controversy “whether rightly or wrongly”.

He said his decision was not an outcome or a reaction against adverse comments on blogsites or certain sections of the mainstream media.

“It will be a sorry day for the judiciary if a judge’s conduct has to be conditioned by these extraneous factors, since they will fetter the independence of the judiciary unduly,” he said.

Justice Mohamad Ariff noted that case laws did not point in a clear and consistent direction on the “real danger of bias” test.

“The pragmatic problem is this - how is a judge in my position to decide objectively that there is a real danger or possibility of bias if I am to proceed to hear the case? Continue here .

No comments: