Augustine Paul insists on hearing ISA case
K KabilanPublished: Apr 17, 2001 6:26 AM | Updated: Jan 29, 2008 6:21 PM
High Court judge Augustine Paul refused to recuse himself from hearing a habeas corpus application by five ISA (Internal Security Act) detainees this morning.
Counsel for the five, R Sivarasa told the court that Inspector-General of Police Norian Mai has linked the 'Black 14' demonstrations to Paul's judgment two years ago in which former deputy prime minister Anwar Ibrahim was found guilty of corruption and sentenced to six years' jail on April 14, 1999.
He added that there has been strong criticism from the public and other sectors against his judgment and called on Paul to disqualify himself from hearing the case.
However, Paul dismissed the application, adding that the application was on frivolous grounds.
"I am unable to agree with this application and will not recuse myself. I must reiterate that any recusal on grounds that cannot be sustained amounts to gross dereliction of my duties as a judge," said Paul.
'What is reformasi?'
Before giving his ruling, Paul asked if he would be labelled by the man on the street as being anti-reformasi if he dismissed the application.
"Why should the man on the street think so? In my 300-page judgment in Anwar's case, I never mentioned anything about the reformasi movement. What is reformasi? I don't know the connection between Anwar and members of the reformasi movement," he said.
"Criticisms must be based on what a reasonable man thinks. Unreasonable criticism must be ignored. Ignore the thinking of the unreasonable people," he said.
Paul also asked Sivarasa under whose instructions did he and the defence team make the application to disqualify the judge.
"I am tempted to think that this application is the work of the solicitors. Your clients can't give you instructions as they are not accessible and the law prohibits you to take instructions from third parties. If this application is on your own, it's highly irregular," said Paul.
Siva responded by stating that he took instructions for the disqualification application from the families of the detainees. He said the family members also signed affidavits to support their application seeking the release of the five detainees.
Application an exception
Senior deputy public prosecutor Abdul Gani Patail said that lawyers can only take instructions from their clients. However, he said the habeas corpus application was an exception where someone close to the detained client can give instructions.
"For all other applications, including applications to dismiss the judge, instructions must come from clients and not third parties," said Gani who leads a six-member prosecution team.
Gani also said that Norian had not directly linked the reformasi movement to the date Paul delivered Anwar's judgment on April 14, 1999. He said that the reformasi movement started in September 1998.
"Norian only spoke about the activities of the reformasi movement to topple the government by militant means. He did not say the movement wanted to reverse your judgment or to criticise you or even to topple you," said Gani.
Paul also dismissed another application made by Sivarasa for the presence of the detained five in the court.
Sivarasa said that their presence was needed to ensure that they were in good health as well as for the lawyers to take instructions.
He said that Paul could use his discretion to order the police to present the detainees to the court for the hearing.
Gani replied that a habeas corpus application was not a remedy relating to the conditions and well-being of the detainees. He said that the police have given assurance to the family members that the detainees are fine.
Paul said that he could only order the production of the five when the court requires them to give evidence.
"It must be shown that their presence is needed in the court. It can only take place in an unusual and very special circumstances. It is not so here," he said, adding that he was compelled to dismiss the second application.
Proper application
Paul will hear the proper application for the release of the five detainees in the afternoon.
The five, part of six Keadilan leaders and a social activist, were arrested last week for allegedly planning violent street demonstrations and other militant means to topple the government.
The seven are Keadilan vice-president Tian Chua, party Youth leaders Mohd Ezam Mohd Nor, N Gobalakrishnan, Abdul Ghani Harun and Saari Sungib, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Raja Kamaruddin and social activist-cum-malaysiakini columnist Hishamuddin Rais.
The families of five of the detainees filed a habeas corpus application on Thursday seeking their immediate release. The five were arrested in Kuala Lumpur last Tuesday and Wednesday.
Applications on behalf of two others, Gobalakrishnan and Abdul Ghani, are expected to be made in the Penang High Court later.
Paul is hearing the application after another High Court judge Abdul Wahab Patail yesterday disqualified himself from hearing the matter as the prosecution was headed by his younger brother Gani.
Previous report
Counsel for the five, R Sivarasa told the court that Inspector-General of Police Norian Mai has linked the 'Black 14' demonstrations to Paul's judgment two years ago in which former deputy prime minister Anwar Ibrahim was found guilty of corruption and sentenced to six years' jail on April 14, 1999.
He added that there has been strong criticism from the public and other sectors against his judgment and called on Paul to disqualify himself from hearing the case.
However, Paul dismissed the application, adding that the application was on frivolous grounds.
"I am unable to agree with this application and will not recuse myself. I must reiterate that any recusal on grounds that cannot be sustained amounts to gross dereliction of my duties as a judge," said Paul.
'What is reformasi?'
Before giving his ruling, Paul asked if he would be labelled by the man on the street as being anti-reformasi if he dismissed the application.
"Why should the man on the street think so? In my 300-page judgment in Anwar's case, I never mentioned anything about the reformasi movement. What is reformasi? I don't know the connection between Anwar and members of the reformasi movement," he said.
"Criticisms must be based on what a reasonable man thinks. Unreasonable criticism must be ignored. Ignore the thinking of the unreasonable people," he said.
Paul also asked Sivarasa under whose instructions did he and the defence team make the application to disqualify the judge.
"I am tempted to think that this application is the work of the solicitors. Your clients can't give you instructions as they are not accessible and the law prohibits you to take instructions from third parties. If this application is on your own, it's highly irregular," said Paul.
Siva responded by stating that he took instructions for the disqualification application from the families of the detainees. He said the family members also signed affidavits to support their application seeking the release of the five detainees.
Application an exception
Senior deputy public prosecutor Abdul Gani Patail said that lawyers can only take instructions from their clients. However, he said the habeas corpus application was an exception where someone close to the detained client can give instructions.
"For all other applications, including applications to dismiss the judge, instructions must come from clients and not third parties," said Gani who leads a six-member prosecution team.
Gani also said that Norian had not directly linked the reformasi movement to the date Paul delivered Anwar's judgment on April 14, 1999. He said that the reformasi movement started in September 1998.
"Norian only spoke about the activities of the reformasi movement to topple the government by militant means. He did not say the movement wanted to reverse your judgment or to criticise you or even to topple you," said Gani.
Paul also dismissed another application made by Sivarasa for the presence of the detained five in the court.
Sivarasa said that their presence was needed to ensure that they were in good health as well as for the lawyers to take instructions.
He said that Paul could use his discretion to order the police to present the detainees to the court for the hearing.
Gani replied that a habeas corpus application was not a remedy relating to the conditions and well-being of the detainees. He said that the police have given assurance to the family members that the detainees are fine.
Paul said that he could only order the production of the five when the court requires them to give evidence.
"It must be shown that their presence is needed in the court. It can only take place in an unusual and very special circumstances. It is not so here," he said, adding that he was compelled to dismiss the second application.
Proper application
Paul will hear the proper application for the release of the five detainees in the afternoon.
The five, part of six Keadilan leaders and a social activist, were arrested last week for allegedly planning violent street demonstrations and other militant means to topple the government.
The seven are Keadilan vice-president Tian Chua, party Youth leaders Mohd Ezam Mohd Nor, N Gobalakrishnan, Abdul Ghani Harun and Saari Sungib, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Raja Kamaruddin and social activist-cum-malaysiakini columnist Hishamuddin Rais.
The families of five of the detainees filed a habeas corpus application on Thursday seeking their immediate release. The five were arrested in Kuala Lumpur last Tuesday and Wednesday.
Applications on behalf of two others, Gobalakrishnan and Abdul Ghani, are expected to be made in the Penang High Court later.
Paul is hearing the application after another High Court judge Abdul Wahab Patail yesterday disqualified himself from hearing the matter as the prosecution was headed by his younger brother Gani.
Previous report
View Comments0