©The
Sun (Used by permission)
by R. Surenthira Kumar
KUALA LUMPUR (Feb 5, 2008): Lawyer Karpal Singh made a surprise application
today to have Royal Commission of Inquiry chairman Tan Sri Haidar Mohamed Noor
discharge himself because of his relationship with former chief justice Tun
Ahmad Fairuz Sheikh Abdul Halim –– but his application that came so late in the
inquiry's proceedings was shot down.
Karpal Singh said Haidar’s sister was married to Ahmad Fairuz’s late brother,
and that this relationship should have been disclosed at the outset.
He described the non–disclosure as "unethical".
In reply, Haidar said the relationship ended 30 years ago after his
brother–in–law died and that his sister had since remarried.
Karpal Singh, however, argued that this did not end the relationship as there
was still a link with the existence of a daughter from the union.
Haidar stopped Karpal Singh’s onslaught by asking him to produce case
authorities in support of his application, prompting counsel to read out three
cases which touched on judges recusing themselves due to the existence of
relationships in the case they were adjudicating.
In other cases, the judges had declared at the start of hearings of such
relationships.
He said Haidar should have been aware of these case authorities and it was not
necessary for him to point them out.
“Ahmad Fairuz is a very vital witness to the entire proceedings and there is a
real likelihood of bias due to the relationship,” added Karpal Singh.
Karpal Singh, S.N.Nair, Ram Karpal Singh, Sangeet Kaur Deo, Ranee Sreedharan and
Nicholas Netto co–represented M. Puravalen for Datuk Seri Anwar Ibrahim and he
also appeared on behalf of lawyer M. Manoharan who is under ISA detention.
Commission member Datuk Mahadev Shankar then cut in and asked Karpal Singh to
read a passage from the decision of the court in one of the cases he cited. The
decision stated that judges are not robots, as such the question of
relationship, in one form or another, will arise in the course of judges hearing
cases and lawyers appearing before them.
Karpal Singh however said this is not a case of an ordinary relationship but of
ties through blood, by way of the marriage.
“There is more than suspicion aroused as a result of the relationship which has
created a real likelihood of bias. Why was it not disclosed ... idden away from
the parties in the inquiry,” he asked.
Haidar cut short Karpal Singh’s submission and asked if anyone else wanted to
ventilate.
Malaysian Bar representative Robert Lazar sought an
adjournment to discuss the application, which he said caught most of them by
surprise.
Ahmad Fairuz's lawyer, Kamarul Hisham Kamaruddin, also said he had to seek
instructions from his client.
Mahadev said the relationship had been terminated 30 years ago through divine
intervention and Karpal Singh’s application was only on the existence of the
previous relationship.
He also told Kamarul Hisham, the former chief justice would not be able to add
or substract to the issue, based on the present situation.
He revealed that lawyers Azhar Azizan Harun and Haris Ibrahim, both whom
previously represented the human rights NGOs, Aliran, Suhakam and Hakam, had met
the Commission in chambers to raise the issue of the relationship.
After the break, Lazar told the commission they were taking Karpal Singh's stand
and refreshed the commission’s memory that a similar application had been made
previously to disqualify Haidar due to him being a trustee of the Perdana
Leadership Foundation, in which Tun Dr Mahathir Mohamad was the main figure.
He said Haidar should have been dutiful to inform the inquiry participants of
the disclosure at the beginning.
“Now that the matter has surfaced, it would create doubts as to the degree of
the relationship. Based on what we know at this stage, it is sufficient cause
for the chairman to recuse himself,” added Lazar.
Kamarul Hisham said Ahmad Fairuz confirmed the relationship ended in 1973 after
his brother’s death. He said the couple had a daughter from the marriage and the
widow had since remarried.
He said there was a danger of the evidence adduced todate
being impeached if the application was allowed and it would raise questions on
the legality of the whole proceedings.
He said the issue of the relationship was too remote and tenacious for the
application to be allowed.
Karpal Singh said it was surprising that the commission had not informed the
proceedings about the meeting in chambers with the two lawyers.
Puravalen then said the commission members had the opportunity to go through the
case authorities when he made the application to disqualify Haidar and regretted
that the parties in the proceedings were not informed about the discussion with
the two lawyers.
Haidar, in delivering the decision said he had mentioned the matter to members
of the commission.
“In my honest view, the relationship ended 30 years ago. I was hardly in contact with Tun Ahmad Fairuz and his family other than when I was working on the bench. I’m clear in my conscience. I don’t see any valid reasons for me to recuse myself,” said Haidar.