Hidir Reduan for NST
PUTRAJAYA: Two Court of Appeal judges recused themselves from two interfaith child custody disputes in Perak and Negri Sembilan.
Datuk Linton Albert, who chaired the three-man panel today, said panel members Datuk Mohd Zawawi Salleh and Datuk Umi Kalthum Abdul Majid had decided not to preside over the custodial tussles between former spouses M. Indira Gandhi and K. Pathmanathan, as well as S. Deepa and N. Viran.
"Both(Mohd Zawawi and Umi Kalthum) agreed that not only in the interest of justice, but that justice be seen done, it is proper to recuse themselves from the matter," Albert told the packed courtroom today.
The panel today was set to hear the Attorney-General's application to be made a party in the matter between Indira Gandhi and Pathmanathan, whose Muslim name is Muhammad Ridzuan Abdullah, in Ipoh, Perak, and Deepa and Viran, now known by his Muslim name Izwan Abdullah, in Seremban, Negri Sembilan.
Deepa's counsel K. Shanmuga earlier today raised an objection against the panel hearing both matters as Mohd Zawawi and Umi Kalthum were involved in discussions on possible reforms on child custody and conversion between 2007 and 2009.
"They were then in the Attorney-General's Chambers who advised the AG (on the discussions)," he said on the meetings which proposed various legal reforms to tackle situations like custodial disputes between Muslim and non-Muslim former spouses.
"If they(Mohd Zawawi and Umi Kalthum) are not confortable to hear the matter, they should recuse themselves," Shanmuga told the panel.
The panel then adjourned proceedings to Sept 10 to hear the intervener's application with a newly-reconstituted panel yet to be announced.
Senior federal counsel Suzana Atan and Shamsul Bolhassan appeared for the AG while counsel M. Kulasegaran represented Indira Gandhi. Both Indira Gandhi and Deepa were present during proceedings.
Viran and Pathmanathan were represented by counsel Faiz Fadril and Anas Fauzi respectively.
Counsel Honey Tan Lay Ean and Philip Koh Tong Ngee held watching briefs for the Bar Council and non-governmental organisation(NGO) Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism(MCCBCHST) respectively.
Counsel Goh Siu Lin held watching briefs for various women's NGOs like the Women Aid Organisation (WAO), All Women Action Society (Awam), and Sisters In Islam (SIS).
Shanmuga, when met after proceedings, said Mohd Zawawi and Umi Kalthum were heads of two AGC divisions which assisted the AG during the law reform discussions.