In shocking affidavit, judge claims members of judiciary worked with private parties to scam govt

Hamid stressed that there was a need for a Royal Commission of Inquiry to be established to look into the issue. — Picture by Hari Anggara
Hamid stressed that there was a need for a Royal Commission of Inquiry to be established to look into the issue. — Picture by Hari Anggara

KUALA LUMPUR, Feb 14 — A Court of Appeal judge has alleged that there are members of the judiciary who have been working with private parties to scam the government.

In an affidavit filed today, Justice Datuk Hamid Sultan Abu Backer claimed that this occurred when nominees of certain politicians created contracts with the government where the government later fails to adhere to the contract.

The private parties would then claim compensation from the government in court.

“I will give an example. The government will enter into a contract with a political nominee with no intention of honouring it. Subsequently, the government will terminate the contract and the nominee will sue the government for breach of contract.

“The government may record a consent judgment accepting liability and agreeing to assess damages. This modus operandi was to deprive the exchequer by false claims,” said the judge in a lengthy affidavit filed by Sangeet Kaur Deo to declare a chief justice’s failure in defending the integrity of the judiciary in two cases.

Hamid stressed that there was a need for a Royal Commission of Inquiry to be established to look into the issue.

At the time, he had also developed a jurisprudence relating to fraud on the exchequer or contracts which had unfair terms with the government to stop what he said was illegal.

His work did not allow the contracts to be enforceable due to public policy grounds but his move raised the ire of some top judges.

Hamid also said a chief justice he named as “Antagonist of Rule of Law and Constitution (ARLC)” had behaved like a tyrant and tried to dictate how other apex court judges decided.

Apparently, ARLC also interfered in the promotion of some of the judges and those who made decisions contrary to his instructions had their career progression blocked.

“One lady judge refused to abide by the instruction of ARLC and in consequence, the conviction was affirmed by majority. I must say the lady judge who refused to abide was one of the most hardworking judges, with most number of judgments, and well known for her knowledge, candour, courtesy and fairness.

“She had also affirmed with me the interference and it will appear many other judges also knew of the interference even before I came to know of it.

“Her refusal to abide to ARLC instruction later became fatal to her promotion and she was deliberately bypassed in elevation to the Federal Court, in which bypassing the present Chief Justice as well as one of the top judges and a Federal Court judge were present,” Hamid alleged.