Published: Monday June 29, 2009 MYT 6:50:00 PM
Lawyer in CBT trial demands apology from judge
By K.KASTURI DEWI
GEORGE TOWN: It was a tense moment in a Sessions Court here when a lawyer demanded an apology from the judge for allegedly describing him as “rude and unethical.”
Counsel R.S.N. Rayer also said Sessions judge Rosilah Yop should apologise to him for advising his client to get another lawyer and that the judge should disqualify herself from hearing a criminal breach of trust (CBT) trial involving his client.
When the case was called up Monday, Rayer informed the court that he had written a letter to the judge dated June 26 explaining that he had to leave the trial halfway on May 29 as he had to attend an emergency meeting on the Kampung Buah Pala issue at the Chief Minister’s office.
He said he was informed by his client Hartini Abdul Ghani that after his exit, the judge commented that her lawyer was rude and unethical for ignoring his client and that she should hire another lawyer.
Rayer said Hartini had lodged a police report on the incident in court and also a complaint with the Attorney-General’s (AG) office.
“I am personally upset with the words used in my absence. I had never before come across a judge using such words against a lawyer.
“Even during my application to postpone the trial on May 29, you had passed remarks threatening to use contempt powers against me although I had humbly requested for the postponement,” he said.
Rayer said to allege that a lawyer is unethical was something very serious.
He then demanded an apology from Rosilah and for the case to be heard before another judge as he said it was clear that the judge would be prejudiced against him and would not accord his client a fair trial.
Hartini, 35, is on trial for committing CBT by failing to record the balance amount of RM300,000 which she had allegedly withdrawn from an ATM machine in her capacity as a chief cashier with the Eon Bank Berhad on Aug 21, 2006.
She was alleged to have committed the offence under Section 408 of the Penal Code which carries a jail term of between one and 10 years, whipping and a possible fine.
Rosilah struck out the application for her to apologise to Rayer and for the trial to be heard before another judge.
In the afternoon Rayer filed an appeal against her decision and the court fixed Aug 13 and 14 for continued hearing.
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