Judges recuse themselves over potential conflict of interest

PUTRAJAYA: Two Court of Appeal judges yesterday recused themselves from two child custody cases involving one parent who had converted to Islam.
Datuk Mohd Zawawi Salleh and Datuk Umi Kalthum Abdul Majid were part of the panel chaired by Justice Datuk Linton Albert to hear the intervention application by the attorney-general and inspector-general of police in the cases of S. Deepa, 30, and M. Indira Gandhi.
Counsel K. Shanmuga, who is representing Deepa and Indira in the separate cases, raised the issue as the two judges were part of the law reform discussions between 2007-2009 and were advising the AG on this type of cases.
He asked if the panel was comfortable with the fact that Zawawi was then the syariah division head while Umi was then the civil division head at the AG’s Chambers and that the AG has filed for a stay order in both the cases.
Linton, after discussing with the other two panel members, said that in the interest of justice, Zawawi and Umi have decided to recuse themselves.
“Justice must be seen as done,” he said and adjourned the hearing to Sept 10 when a new panel of judges would be formed to hear the matter. Shanmuga later told reporters outside the court that he felt duty bound to ask the judges if they were comfortable to hear such cases where the AG was applying to intervene.
On Sept 19, last year, the Seremban Syariah High Court granted custody of two of Deepa’s children to her Muslim convert ex-husband, Izwan Abdullah (N. Viran) who had reportedly converted Nur Nabila Izwan @ V. Sharmila, nine, and Muhammad Nabil Izwan @ V. Mithran, six, without Deepa’s knowledge.
On Oct 7 last year, the same court directed police to assist the father in getting the children.
However, Deepa won custody over her children in the Seremban High Court on April 7.
In another case involving kindergarten teacher Indira Gandhi, and her Muslim convert ex-husband Mohamad Riduan Abdullah @ K. Pathmanathan, the Ipoh Syariah High Court on Sept 29, 2009 had granted custody of the couple’s three children to the father.
However, the Ipoh High Court on March 11, 2010, granted custody to Indira, with weekly visitation privileges given to the father. The same court on May 30 this year, ordered the police to facilitate the return of one of the two daughters, Prasana Diksa (Umu Habibah), from Mohamad Riduan to his former wife.