Court of Appeal rejects SC's appeal to recuse judge

KUALA LUMPUR (Oct 2): The Court of Appeal has rejected the Securities Commission's (SC) appeal for the recusal of High Court Judge Abang Iskandar Abang Hashim from hearing the case brought by a minority shareholder of Eastern & Oriental Holdings Bhd (E&O) against the regulator.

The Court of Appeal today (Tuesday) rejected SC's appeal to recuse Abang Iskandar from hearing judicial review as he had already resigned as the SC's enforcement director on October 2009, two years before the Sime Darby and E&O case reached the SC.

As such, the Court of Appeal did not found any reason for Abang Iskandar to be biased in the judicial review hearing, and noted that his previous employment with the SC was not grounds for recusal.

Earlier this year, SC applied to recuse Abang Iskandar from hearing a judicial review sought by the E&O minority shareholder Michael Chow Keat Thye of the commission's decision on Sime Darby Bhd's purchase of a 30% stake in E&O.

The SC sought to recuse Abang Iskandar because his stint as the SC's enforcement director from May 2004 to October 2009 could affect the current proceeding.

It has argued during its application that Abang Iskandar's previous work experience meant that he would know the confidential workings of the SC and would have a relationship with the SC's senior management.

However, Abang Iskandar disallowed the application in a ruling in chambers on the grounds that his previous employment with the Commission was not grounds for recusal.