RPK seeks to disqualify Augustine Paul

Blogger Raja Petra Kamarudin wants Federal Court judge S. Augustine Paul to be disqualified from hearing the prosecution's appeal over his release under the Internal Security Act detention and his cross-appeal application.

Lawyer Malik Imtiaz Sarwar, in seeking a postponement to today's hearing at the apex court, said he had just received instructions from Raja Petra to ask for Paul's recusal.

"We will file a written application tomorrow."

When pressed by Justice Nik Hashim Ab Rahman as to the reasons for the application, Malik said Raja Petra had written several online articles on Paul while he was the presiding High Court judge in Anwar Ibrahim's corruption trial in 1998.

Malik also informed the court that Paul was also involved in dismissing his (Raja Petra's) habeas corpus application in 2001. However, my client was released before the appeal was made at the apex court

"Hence, out of due respect to Paul, my client is afraid of possible biasness if the judge is allowed to hear the cross-appeal," he said.

Malik said he needed time to file the application to put forth the articles in question. He told the court that he could not make the application earlier as he did not know the judges sitting in the panel.

Nik Hashim was hearing the appeal alongside Paul and Justice Zulkefli Ahmad Makinudin.

Prosecution objected to application

However, deputy public prosecutor Tun Abdul Majid Tun Hamzah objected to the application, saying that the issue of bias did not arise at this stage, and therefore Paul should not recuse himself from hearing the appeal.

Nik Hashim however decided to postpone the hearing to Tuesday (Feb 17) to allow Malik to file the necessary application.

Home Minister Syed Hamid Albar, as the appellant is appealing over the Shah Alam High Court's Nov 7, 2008, decision in releasing Raja Petra, 58, from detention under the ISA.

The court was also scheduled to hear submission to Raja Petra's cross appeal on some points which were raised at the High Court but were not decided on.

On Nov 7, Justice Syed Ahmad Helmy Syed Ahmad ruled the Home Minister had not followed the proper procedures under Section 8 of the Internal Security Act.

Syed Ahmad said there was procedural non-compliance and the minister had acted ultra vires (beyond his powers) in issuing the detention order.

"A minister cannot issue an order out of bad faith," said the High Court judge.

He then ordered that Raja Petra, 58, who has been held at the Kamunting detention camp in Taiping, Perak, to be released after 56 days of detention.