Oye! News from Asia

High Court rejects Ling’s bid to recuse judge

Category: Asia Published on Friday, 22 June 2012 07:53 Written by Dara Harum

Datuk Ahmadi Asnawi, the High Court judge has rejected the application by the Former Transport Minister Tun Dr Ling Liong Sik to recuse a trial judge by concluding that the statements raised by Dr Ling did not jeopardize the preliminary hearing. Dr Ling Liong Sik failed in the bid to have his trial judge recuse himself.

Ahmadi said, "The comments referred to by the defence must be linked to the prosecution witnesses' testimony during examination-in-chief or cross-examination.” "The comments should be linked to defence submissions and most important the comments did not jeopardize the preliminary hearing," he added.

He ruled that the recusal application based on apparent bias had no worth. According to the Justice, the defence could have disputed over the comments that were made at the end of the case if the evidence provided by the prosecution witnesses in cheating trial were related. "I'm of the opinion that this application has no merit and therefore it is rejected without cost," said Ahmadi.'

He also said, “The important thing is that the comments did not affect a fair trial. As the comments were made at the prima facie case, the comments could be rebutted by the defence counsel if they afford to do so.” After hearing submissions by both parties yesterday, the judge made the order.

Wong Khian Keong, Dr Ling's attorney in his compliance earlier declared that there was a real danger of bias in Ahmadi's comments while ordering his client to enter his defence on March 9.

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