The Kuala Lumpur High Court judge hearing the Al-Ma'unah treason trial was again asked to disqualify himself from hearing the matter on grounds that he might act with bias in the case.

Counsel Karpal Singh, for Al-Ma'unah leader Mohd Amin Mohd Razali, said justice Zulkefli Ahmad Makinudin could be influenced by his earlier sentencing of 10 Al-Mau'nah members.

The 10 had pleaded guilty on two hearing dates to an alternative charge of collecting arms and men to wage war against the Yang di-Pertuan Agong.

Karpal said that there was a likelihood of the judge being biased as he had thrice heard facts of the case which implicated the rest of the defendants when he sentenced the 10 accused persons.

Zulkefi said he will decide on the application tomorrow morning.

Earlier application

Karpal made a similar application last Dec 7 after Zulkefli had sentenced the first batch of six Al-Ma'unah members 10 years' jail each for preparing to wage war.

The application was made on the grounds that there should not be any element of bias by the judge after having heard the pleas of guilt and the detailed facts of the case of the six accused persons.

On Jan 15, Zulkefli dismissed the application and gave his assurance that he will not act in a biased manner in hearing the matter. He said that he will judge the rest of the accused persons solely on evidence tendered against them and on their defence.

Karpal's second application today came following the sentencing of a second batch of four other Al-Ma'unah members on Jan 18 to 10 years' jail each on the alternative charge of preparing to wage war ([#1] Ten years' jail each for Al-Ma'unah four [/#], Jan 18).

All implicated

Karpal said that Zulkefli in the second sentencing had made statements implicating the rest of the gang members.

Another 19 Al-Ma'unah members are on trial for waging war or abetting to wage war against the Yang di-Pertuan Agong which carries the sentence of death or life imprisonment and a fine if found guilty. ([#2] Twenty-nine Al-Ma'unah members claim trial [/#], Aug 9)

They are alleged to have committed the offence between June and July 6, last year, at Pos 2, Km 19, Kuala Rui, Jalanraya Timur-Barat, Grik; Batalion 304, Infantri (AW), Kem Grik, Grik; and in Bukit Jenalik, Sauk, all in Perak.

They are alleged to have carried an arms heist from two military camps by duping the soldiers at the camps that they were there to conduct an arms inspection in the early hours of July 2.

Karpal said that the facts of the case heard by Zulkefli could subconsciously influence the judge's mind in the case against the rest.

Karpal also said that press reports on the latest sentencing attributed statements to the judge which implicated the guilt of the entire Al-Ma'unah gang members.

"As such the peculiar facts of this case warrant the judge to recuse himself," said Karpal.

Prejudgment

Another defence counsel, Kamarul Hisham Kamarulzaman, said that Zulkefli's reference to the group, without restricting specifically to those who had pleaded guilty, can be construed as references to the Al-Ma'unah group in general.

He said this could be a prejudgment on the part of the judge of their guilt.

Senior deputy public prosecutor Abdul Gani Patail said Zulkefli need not disqualify himself as he had sentenced the 10 of the group members based on facts admitted by the defendants.

He said that the judge had not made any findings of facts in the case and that his statements in passing the sentences were grounds of his judgment.

Decision appealable

"The guilt of the remaining accused persons is to be proved by the prosecution and as long as the court is aware of this, there will not be any likelihood of prejudice and bias," he said.

Zulkefli said that the case before him does not end at the court and could be appealed.

He said that his decision in sentencing the 10 was made judiciously and based on facts presented by the prosecution.

He also said that his remarks in passing the sentence were only made pertaining to those who had pleaded guilty.