KUALA LUMPUR, Dec 4 — A lawyer soon to be elevated to the post of judicial commissioner had tried numerous times in August to win favour with the judge presiding over a corruption appeal he was handling at the time, according to the latter’s reasons for recusing himself.

Shah Alam High Court judge Datuk Abdul Alim Abdullah wrote in his August 15 recusal ruling that the lawyer, Datuk Salehuddin Saidin, had even sent him a text message and attempted to secure meetings with him in chambers to discuss matters pertaining to the case.

In the document sighted by Malay Mail Online, it was explained that Salehuddin, who was representing former Gerakan Teratai assemblyman Yap Soo Sun in an appeal against a graft conviction, had also asked Abdul Alim which lawyer he would be “comfortable” with to take over the case, since it would be inappropriate for him to handle the appeal in light of his upcoming judicial commissioner appointment.

“Among other things, I advised him not to handle this appeal since he has agreed and has even attended the JC’s induction course and was set to be appointed a judicial commissioner at any time, expected to be year-end according to him,” said Abdul Alim in his Bahasa Malaysia ruling.

“He seemed to completely understand the implications of his position. Straight away, Datuk Salehuddin Saidin asked me which lawyer I was ‘comfortable’ with from his firm to handle the appeal, whether it was his legal assistants Mr Geethan Ram or Mr Afifudin.

“I answered him immediately that either of them was fine and at that time, I had a strange feeling and wondered what was going on,” he added.

The judge said that incident happened when Salehuddin tried to meet him in chambers one morning to discuss the appeal after completing the judicial commissioners’ induction course.

“I felt nervous and in order to avoid any allegations or improper behaviour, I asked Deputy Public Prosecutor Mr Iskandar Shah Ibrahim, who happened to be in court at that time, and also my senior assistant registrar Madam Azlinda Ahmad Sharif to join us in my chambers,” said Abdul Alim.

The judge said Salehuddin had also sent him an SMS before that on June 26, requesting for the appeal to be adjourned because he did not have time to prepare his written submissions, alleging that the case was complex and that much of the testimony was in document form.

“He said he was attending a JC’s induction course at that time before his upcoming appointment as judicial commissioner. I did not reply his SMS,” said Abdul Alim.

Malay Mail Online understands that it is deemed an unethical practice for lawyers to communicate with judges via text message during the course of a court matter.

The judge also said on the day of the hearing set on July 3, Salehuddin once again requested to meet him in chambers, this time with Salehuddin’s colleague Geethan.

Abdul Alim said he agreed and also requested the deputy public prosecutor from the Malaysian Anti-Corruption Commission (MACC), Norzilawati Izhani Zainal, to join them in the meeting in chambers.

“Once again, Datuk Salehuddin Saidin brought up the matter of his application to adjourn the appeal, whereupon I replied that it should be made in open court,” said the judge.

The judge also noted that Salehuddin was garbed in full court dress, making it seem as if he was preparing to handle the case in court.

He said he reminded Salehuddin not to do so since the lawyer was slated to be appointed as judicial commissioner.

According to Abdul Alim, Geethan took over the case that day while Salehuddin sat at the public gallery in court. The judge then granted Geethan’s application for an adjournment of the appeal.

Former Teratai representative Yap was appealing against the Shah Alam Sessions Court verdict in 2011 that sentenced him to two years’ jail and imposed a RM350,000 fine after convicting him of seven counts of submitting claims totalling RM70,000 over non-existent events.

Abdul Alim also said his interpreter, along with another court interpreter, had seen Salehuddin gesturing and saying in a high and serious tone in the courthouse: “I am furious with your judge”.

“With sincerity and for the sake of justice for all parties in this case, I am firm in my stand that another judge should hear this appeal and that the case should not have any elements of being one-sided or partial,” said Abdul Alim.