KOTA KINABALU: A staff member of Kota Kinabalu Court House yesterday failed in her bid at the High Court here to recuse a Sessions Court judge from hearing her two criminal cases.
High Court Judicial Commissioner Lee Heng Cheong dismissed Jinny Daniul’s application for revision against Sessions Court judge Nixon Kenedy Kumbong’s decision not to discharge himself from hearing her cases scheduled for Oct 8-11 this year.
Lee ruled in his chambers that there was no merit in the application.
He stressed that there was no credible evidence before him that there will be a real danger of bias on the part of the judge in hearing the cases.
Kumbong had on Sept 5 this year dismissed Jinny’s application for the former to discharge himself from hearing the cases, saying among other things that there was no justifiable reason for him to recuse himself.
The 30-year-old accused was charged under Section 16 (a) (B) of the MACC Act 2009 with receiving RM50 in cash from a woman in return for a late birth registration document for the woman’s daughter without any going through legal process before a magistrate.
The charge carries a maximum jail term of 20 years and a fine of not less than five times the amount of bribe or RM10,000, whichever is higher.
Jinny allegedly committed the offence at the Kota Kinabalu Court House between November and December, 2010.
The accused also faces an alternative charge of dishonestly using as genuine a birth certificate registered under the name of the woman’s daughter and bearing a forged signature of a magistrate at the same time and place.
The charge under Section 471 of the Penal Code carries a jail term of up to two years, or with a fine.
The accused, who is currently on RM10,000 bail is represented by counsel Ram Singh.
Deputy public prosecutor Joyce Blasius from the Malaysia Anti-Corruption Commission (MACC) appeared for the respondent.