KL Jalan Duta Court 13/2/10.
P.Uthayakumar’s ethnic cleansing trial continued at 2.15pm today. The learned “biased” Judge was once again hostile and repeatedly on all and about eight applications in a row rejected P.Uthayakumar’s and his lawyer’s objections. The last straw was when the Judge even refused to record down the last objection of P.Uthayakumar that the police officer ought to know the name of the person who had called him to inform him of the “ ethnic cleansing” posting (picture) in the website. P.Uthayakumar then told the Judge that the she is biased and has instructions to convict him (P.Uthayakumar) and to send him to jail. And that he (P.Uthayakumar) is not frightened of UMNO’s jail.
P.Uthayakumar then once again asked the Judge to recuse herself. He also told her that he wants to write to the Chief Justice for her recusal but how is he to effectively do it as the Judge does not even want to record the same in her minutes which the High Court, Court of Appeal, Federal Court and the Chief Justice would rely on. After the heated arguments between lawyer N.Surendran and P.Uthayakumar with the Judge, the court took a ten minute recess. Upon resumption of the trial, P.Uthayakumar did not apologize even though the Judge asked for the same.
P.Uthayakumar argued that Justice must not only be done but manifested and undoubtedly be seen to be done.
In Lenon v Metropolitan Properties, Lord Denning Master of the Rolls of the Court of Appeal in United Kingdom held that if the ordinary man in the public gallery is left with the impression that if there is a perception that the Judge is biased then the Judge ought to discharge himself or herself.
But here despite the allegation that the Judge has instructions to convict P.Uthayakumar, a lawyer of 19 years standing, she is still refusing to discharge herself.
Will Justice be served to P.Uthayakumar?
Will the Malaysian Court’s integrity and credibility be preserved? Is it in the interest of this Judge to continue hearing this matter.
This trial continued right up to 5.35pm when the court hours end at 4.45pm Res Ipsa Loquiteour ( The facts speak for itself).
Kandasamy
