TV3 challenges judge's integrity in Nizar case
Published: Mar 6, 2014 6:53 PM | Updated: Mar 6, 2014 9:34 PM
TV3 has filed a motion to set aside the Court of Appeal judgment favouring former Perak menteri besar and PAS committee member Mohammad Nizar Jamaluddin on grounds of "bias" on the part of the judge.
Justice Mohamad Ariff, it says, 'should have been disqualified' due to PAS links.
TV3 has filed a motion to set aside the Court of Appeal judgment favouring former Perak menteri besar and PAS committee member Mohammad Nizar Jamaluddin on grounds of "bias" on the part of the judge.
According to the motion filed this morning and sighted by Malaysiakini, the broadcaster said this was because Justice Mohamad Ariff Mohd Yusof, who chaired the panel “should have been disqualified” because of his involvement with PAS.
The respondents argued that Justice Mohamad Ariff had contested in the 2004 general election on the PAS ticket and continued to be active in the party even after he lost in the election.
“His Lordship was even an elected committee member of the PAS' liaison for Selangor for the 2007 to 2009 session.
“Among His Lordship's further involvement with PAS was acting as their legal adviser and counsel in several election petitions,” the motion reads.
It adds that as a Court of Appeal bench must have at least three members, Justice Mohamad Ariff's disqualification would mean there will be no coram.
The motion was filed by TV3 and TV3's Buletin Utama producer Rohani Ngah throught their representatives at Messr T H Liew & Partners.
Nizar had sued TV3 for defamation over its report on his tweets on the WWW1 vehicle registration number, which was successfully bid by the Johor sultan.
The three-member panel chaired by Justice Mohamad Ariff unanimously allowed Nizar's appeal to set aside the decision of the High Court, which dismissed his RM50 million suit against TV3.
TV3 was ordered to pay Nizar RM30,000 in legal costs.
'Judge and Nizar comrade-in-arms'
According to the motion, both Justice Mohamad Ariff and Nizar were “comrade-in-arms” as both campaigned in the interest of PAS in the 2004 general election and that their links are not “casual”.
“(It) would be reasonable for any objective and fair-minded member of the public to conclude that His Lordship even shared a personal relationship with the appellant,” the motion reads.
The judge had also recused himself in the judicial review over the legitimacy of Perak MB Zambry Abdul Kadir (right) in the post, following Nizar's ouster, the motion says.
It adds that the respondents did not know Justice Mohamad Ariff would be on the panel when the appeal was fixed for hearing on Oct 28, 2013, and were then not aware of the judge's “prior involvement and connection with PAS”.
The matter was also not brought to the respondents' attention until the day of the decision on Feb 25.
“As such, the respondents could not have raised any objection on the issue of the constitution of the first coram at that time,” it reads.
This was also attested to by group managing editor of TV networks in Media Prima Berhad Mohd Ashraf Abdullah in a supporting affidavit.
However the motion does not make note that Justice Mohamad Ariff had resigned as a PAS member when he was appointed High Court judge in 2009, after a career as a solicitor with the established firm of Cheang and Ariff.
According to the motion filed this morning and sighted by Malaysiakini, the broadcaster said this was because Justice Mohamad Ariff Mohd Yusof, who chaired the panel “should have been disqualified” because of his involvement with PAS.
The respondents argued that Justice Mohamad Ariff had contested in the 2004 general election on the PAS ticket and continued to be active in the party even after he lost in the election.
“His Lordship was even an elected committee member of the PAS' liaison for Selangor for the 2007 to 2009 session.
“Among His Lordship's further involvement with PAS was acting as their legal adviser and counsel in several election petitions,” the motion reads.
It adds that as a Court of Appeal bench must have at least three members, Justice Mohamad Ariff's disqualification would mean there will be no coram.
The motion was filed by TV3 and TV3's Buletin Utama producer Rohani Ngah throught their representatives at Messr T H Liew & Partners.
Nizar had sued TV3 for defamation over its report on his tweets on the WWW1 vehicle registration number, which was successfully bid by the Johor sultan.
The three-member panel chaired by Justice Mohamad Ariff unanimously allowed Nizar's appeal to set aside the decision of the High Court, which dismissed his RM50 million suit against TV3.
TV3 was ordered to pay Nizar RM30,000 in legal costs.
'Judge and Nizar comrade-in-arms'
According to the motion, both Justice Mohamad Ariff and Nizar were “comrade-in-arms” as both campaigned in the interest of PAS in the 2004 general election and that their links are not “casual”.
“(It) would be reasonable for any objective and fair-minded member of the public to conclude that His Lordship even shared a personal relationship with the appellant,” the motion reads.
The judge had also recused himself in the judicial review over the legitimacy of Perak MB Zambry Abdul Kadir (right) in the post, following Nizar's ouster, the motion says.It adds that the respondents did not know Justice Mohamad Ariff would be on the panel when the appeal was fixed for hearing on Oct 28, 2013, and were then not aware of the judge's “prior involvement and connection with PAS”.
The matter was also not brought to the respondents' attention until the day of the decision on Feb 25.
“As such, the respondents could not have raised any objection on the issue of the constitution of the first coram at that time,” it reads.
This was also attested to by group managing editor of TV networks in Media Prima Berhad Mohd Ashraf Abdullah in a supporting affidavit.
However the motion does not make note that Justice Mohamad Ariff had resigned as a PAS member when he was appointed High Court judge in 2009, after a career as a solicitor with the established firm of Cheang and Ariff.
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