Update on P. Uthayakumar’s Appeal to the Kuala Lumpur High Court in the Ethnic Cleansing Sedition Trial - 29th Sept 2009

By MALAYSIA HINDU VOICE

Update on P. Uthayakumar’s Appeal to the Kuala Lumpur High Court in the Ethnic Cleansing Sedition Trial

P. Uthayakumar’s appeal to the Kuala Lumpur High Court Judge for the Sessions Court Judge Sabariah Othman to recuse herself from hearing this case on the grounds of (even) the perception of the Judge being biased was rejected after another whole day of waiting.

Lawyer N. Surendran filed this appeal at 9.30a.m at the High Court Registry and together with lawyer M. Manogar, P. Uthayakumar, HRP and Hindraf supporters who had all waited up to 5.00p.m. This ‘biased’ Sessions Judge Sabariah was again today bent on proceeding by again persisting and insisting despite the High Court Judge who was yet to make his decision. In fact P. Uthayakumar had informed this Sessions Court Judge that the High Court Judge is yet to make his decision and that M. Manogar is still waiting outside the Judge’s Chambers as the High Court Judge is in open Court hearing a murder trial ie that he was still waiting for the High Court Judge’s decision.

This Sessions Court Judge repeatedly asked Counsel N. Surendran for a commitment to start off the case either way at 11.00 a.m tomorrow. At this juncture P. Uthayakumar stood up and pointed out to the Judge that it may be contempt of court and which may carry a jail term to predict the outcome of the High Court’s decision. This Sessions Court Judge then angrily and abruptly adjourned proceedings to 5.00 p.m.
At 4.40 p.m the High Court Judge gave his decision and without reasons written reply rejecting P. Uthayakumar’s appeal without even seeing P. Uthayakuamar’s Counsels or an open Court hearing .

This is a breach of the Rules of first limb of the Natural Justice ie Audi Altrem Partem (Every man has right to be heard). N. Surendran informed the Sessions Court Judge that he would file a Notice of Appeal with a Certificate of Urgency also for an interim stay from the Court of Appeal and ask for the matter to be stood down until 2.30 p.m tomorrow the 30th day of September 2009.
The Judge agreed but not without first again insisting and persisting that she wanted to go on at 2.30 p.m tomorrow (meaning irrespective of the Appeal of the Court of Appeal’s decision) Justice hurried is Justice buried.

What is this ungodly hurry about? Is there a snap election coming up?