Poetic justice after court rejects Petronas’ appeal to disqualify judicial commissioner — SPA

Datuk John Lau Pang Heng

KUCHING, Jan 23: Sarawak Patriots Association (SPA) felt that justice was done after the High Court upheld the judiciary’s highest integrity and independence by rejecting Petronas’s appeal to disqualify Judicial Commissioner Jonathan Chin from hearing the case.

“SPA salute the High Court’s decision after the application to recuse Chin from presiding in the case of Sarawak Government against Petronas on the latter’s non payment of state sales tax.

“Our members are very happy with the decision today,” SPA president Datuk John Lau said in a statement.

Petronas today failed in their attempt to disqualify Chin from hearing the case over Sarawak’s suit for unpaid petroleum sales tax amounting to RM1.3 billion.

Lau said the Federal Constitution Article 122 AB was unconstitutional and void, as it has breached the IGC report 1962, the body of Malaysia Agreement 1963, on clauses 15 (1) n (2), where the governors of the Borneo territories shall appoint those Judicial Commissioners from practising advocates in Borneo territories.


“It is good to note that the federal government has given the right of appointments of judicial commissioners back to the heads of state with the advice of the Chief Justice of Borneo, as well as under Article 161 E(6), because the legislative assemblies of both Sarawak and Sabah have never approved amendment of Article 122AB,” he continued. — DayakDaily