Tuesday June 19, 2012

Ling wants trial judge in PKFZ case to recuse himself

KUALA LUMPUR: Former Transport Minister Tun Dr Ling Liong Sik is applying for the trial judge in his cheating case to recuse himself.

He said that trial judge Justice Ahmadi Asnawi who had delivered his written findings on March 9 at the end of the prosecution’s case had made comments which demonstrate that there is a real danger of bias on his part.

Dr Ling’s lead counsel Wong Kian Kheong told the judge he had filed the recusal application and served it to the prosecution.

Lead prosecutor Datuk Tun Abd Majid Tun Hamzah said the prosecution had filed an affidavit-in-reply over the application.

Wong said that he have received the affidavit-in-reply from the prosecution on Friday afternoon.

Justice Ahmadi will hear the recusal application at 2.30pm on Thursday.

Dr Ling has affirmed an affidavit on May 29 to support his recusal application and filed his papers on June 5.

In the affidavit-in-reply, Deputy Public Prosecutor Manoj Kurup said the judge in his 83-page judgment has touched on each important element in the trial which would allow Dr Ling to prepare his defence.

He said the judge observed the credibility of witnesses and motive of the accused and there should be no perception of bias.

“They said the judge had used strong words in his written findings. We are saying it is descriptive of the court decision. The burden of proof is beyond reasonable doubt at the prima facie case,” DPP Tun Abd Majid said.

Dr Ling had on March 9 been ordered to enter his defence over three charges of cheating the Government in relation to the Port Klang Free Zone (PKFZ) project.

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