I'm publishing below a comment which was posted on my previous posting 'What is different now Your Honour?' in relation to a Court of Appeal decision a few days ago.
The comment by Jermaine Santiago certainly sheds more light into the widely discussed issue pertaining the impartiality of the learned Court of Appeal Judge, Justice Datuk Mohammad Ariff in the case involving TV3 and Pas leader Nizar Jamaludin.
"TV3 should file a motion to the Court of Appeal to impugn the court’s decision of Feb 25, 2014 in the Nizar Jamaludin vs TV3 case.
This is because there is enough evidence to prove that the leader of the three-men bench Justice Datuk Mohamad Ariff Md Yusof was biased. Mohamad Ariff should have recused himself from hearing the case, but didn’t.
Here are the reasons why TV3 has a solid case:
1. Mohamad Ariff failed/refused to declare to parties concerned at the beginning of the appeal case that he was/still is a PAS member. 2. He was formerly the Legal Advisor for PAS 3. He enjoyed a working relationship with the plaintiff as they were both comrades in PAS. 4. Both Mohamad Ariff and Nizar contested in the 2004 General Election as PAS candidates. 5. Four years ago, Mohamad Ariff, then Judicial Commissioner recused himself from hearing the judicial review filed by former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin challenging the validity of his successor Datuk Seri Dr Zambry Abdul Kadir’s appointment. He conveniently forgot to recuse himself this time. 6. As a leader of the three-men bench, he could influence the decision of the other two judges ((see OPINIONS OF THE LORDS IN THE PINOCHET EXTRADITION CASE INVOLVING LORD HOFFMAN) 7. He failed to carry out his duty without fear or favour in accordance to the oath he took as a judge.
This is going to be an explosive case." - Jermaine Santiago
The fact that the learned judge had, less than 10 years ago, stood as a PAS election candidate is good enough a reason for him to stay away/out from the above court case. Don't you think so?
p/s The legal experts engaged by TV3 doing their job or … ?