In his application filed today, the lawyer said in the alternative the High Court should allow him the status of an amicus curiae (friend of the court) to also represent the interests of Court of Appeal judge Hamid Sultan Abu Backer.
On Feb 14, Hamid filed a 65-page affidavit in support of a lawsuit brought by lawyer Sangeet Kaur Deo, who is the daughter of the late Karpal Singh.
In the application, Haniff said he had an interest as a lawyer and officer of the court in the expungement of Hamid’s affidavit.
He said the application involved conflict within the judiciary and he would like to ensure the court came to a fair and just finding.
Haniff said he was also a subject matter of Sangeet’s action.
Last year, the lawyer, who had appeared for Prime Minister Dr Mahathir Mohamed, alleged that the outcome of Karpal’s sedition appeal in 2016 in the Court of Appeal was altered due to judicial interference by a senior judge.
Haniff claimed he was informed that a judge, who has since retired, reportedly meddled in the majority decision to allow Karpal’s appeal and acquit him of the charge.
Judges Mohtarudin Baki and Kamardin Hashim were in the majority to retain the conviction by the High Court while Tengku Maimun Tuan Mat, the present chief justice, dissented.
Sangeet subsequently lodged a police report that triggered an investigation that has yet to be concluded.
However, early this year, a five-member Federal Court bench allowed an appeal brought by Karpal’s widow, Gurmeet Kaur, and thereby also upheld Tengku Maimun’s findings.
Karpal passed away in a road accident on April 17, 2014.
He had been charged with sedition for saying the removal of Mohammad Nizar Jamaluddin as menteri besar by the late Perak Sultan, Sultan Azlan Shah, and the appointment of Zambry Abdul Kadir in his place, could be questioned in court.
Meanwhile, on March 13, the Attorney-General’s Chambers (AGC), which is representing the chief justice, applied to expunge parts of Hamid’s affidavit on grounds of relevancy, saying the contents were scandalous and hearsay evidence.
Sangeet, in her action in January to sue anyone holding the post of chief justice, said the then top judge Richard Malanjum had failed to defend and preserve the integrity of the judiciary.
Hamid alleged in the affidavit that senior judges had intervened in the decision of numerous appeals, including Karpal’s sedition appeal in the Court of Appeal.
He also claimed some judges had abetted in scams carried out by nominees of politicians who had entered into contracts with the government.
He also claimed that once the government pulled out of a deal, the private parties would take the government to court to claim compensation.
Haniff, in his application, also said the government on Feb 21 had decided to hold a royal commission of inquiry (RCI) following Hamid’s revelation and he would be seriously affected if the evidence was removed.
“I will also be seriously prejudiced if Hamid’s affidavit is expunged in relation to the setting up of the RCI,” he said.
Haniff also said the RCI should be held first before the court decided to “extinguish” the affidavit filed by Hamid.
Sangeet today told FMT that judge Mohd Firuz Jaffril would decide on the expungement application first before proceeding to make a ruling on the declaration she is seeking.
“A case management will be held on Aug 6,” she said.