Ex-activists lodge report against conviction following judiciary exposé


Christopher Rabin

Rafzan Ramli (centre) and Khairul Amal (left) say they want the police to investigate any alleged wrongdoings that may have happened during the appeal stage of their conviction for illegal assembly. – The Malaysian Insight pic by Afif Abd Halim, February 23, 2019.

TWO former student activists lodged a police report today over claims by Justice Hamid Sultan Abu Backer that there was misconduct by judges involving their case in 2013.

Rafzan Ramli and Khairul Amal said they want the police to investigate any alleged wrongdoings that may have happened during the appeal stage of their conviction for illegal assembly.

“We were acquitted by the magistrate’s court but then the public prosecutor appealed to the high court.

“We had a retrial and were found guilty . We appealed to the Court of Appeal in 2013 but our appeal was dismissed,” said Rafzan, who works as an electrician.

Court of Appeal judge Hamid had exposed cases of judicial misconduct, including the fixing of cases in favour of the then-Barisan Nasional government, in an affidavit filed on February 14, 2019.

The affidavit was in support of lawyer Sangeet Kaur Deo’s suit against chief justice Richard Malanjum for failing to defend the integrity of the judiciary over two alleged incidents of interference – including a case against her late father, former DAP chairperson Karpal Singh.

Following the affidavit, Setiawangsa MP Nik Nazmi Nik Ahmad was the first to lodge a police report pertaining to his own charge under the Peaceful Assembly Act 2012 (PAA) as organiser of the 2013 Black 505 rally.

Rafzan and Khairul with their lawyers, Joshua Tay and Michael Cheah, at the Petaling Jaya police station today. – The Malaysian Insight pic by Afif Abd Halim, February 23, 2019.

Nik Nazmi had previously been fined RM1,500 after pleading guilty in the Shah Alam High Court for violating the PAA in organising the Black 505 rally five years ago.

Justice Hamid had specifically mentioned this case as an example of alleged judicial interference to alter the outcome.

In the case of the students, Rafzan and Khairul were among five students who were convicted for illegal assembly in 2001.

Their lawyer, Michael Cheah, said the judge’s affidavit put into question how the appeal of the students was decided.

He also said that they were planning to file for a review of the Court of Appeal decision.

“The allegations in the affidavit are serious and warrant a thorough investigation and a review of the decision of the appeal,” he said.

The government has also agreed to establish a royal commission of inquiry to investigate allegations of judicial impropriety following the expose in the affidavit. – February 23, 2019.


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