Global Research, August 22, 2013
KLWCT
Tribunal Dismisses Prosecution’s Application to Recuse Judge Eric David.
KUALA LUMPUR, 21 August 2013 – The
Kuala Lumpur War Crimes Tribunal, which commenced today to hear war
crimes and genocide charges against the State of Israel and Amos Yaron, a
retired Israeli army general hit a snag.
To
begin with, the Prosecution made an application that, to preserve the
sanctity of the tribunal, Judge Eric David be recused for his alleged
possible connection with the Mossad, the intelligence agency of Israel.
There
have been allegations including from US officials that the Peoples
Mujahedin Organisation of Iran (PMOI) is supported by Mossad. The PMOI
is listed as a terrorist organisation that has carried out terrorist
activities against Iran.
According to the prosecution, Judge Eric David had written a legal
opinion that the PMOI be removed from the list of terrorist
organisations.
Amicus curiae Jason Kay appointed under
Article 15 of the Charter, raised the point that the allegations were
not supported by clear evidence. And that perceived bias does not amount
to actual bias. The Prosecution further argued that there must not even
be any perceived bias on the part of any judge of the tribunal in
deciding a case.
The Tribunal adjourned the hearing to deliberate
further and later returned dismissing the prosecution’s application to
recuse Judge Eric David, as they felt there was no threat of real bias.
However, the prosecution disagreed and the hearing was adjourned once
again.
When the hearing resumed, the President of the Tribunal,
Tan Sri Dato Lamin bin Haji Mohd Yunus Lamin, expressed the panel’s
disquiet of the breakdown of the forum stressing that once an objection
had been overruled, it should be accepted and respected. He instructed
the registrar to expunge all the allegations levelled against Judge Eric
David from the records.
In their response, the prosecution
accepted the panel’s decision but conveyed the serious concerns of the
witnesses who had come all the way from Palestine to have their day in
court. The witnesses, through the Chief Prosecutor Prof Gurdial S Nijar
made known their three points of concerns to the panel of judges.
One,
the fact, that, they have come to the Tribunal seeking justice after
literally years of being unheard. They have come for justice and are
prepared for any decision but in the present situation, they are not
comfortable to appear before a judge that may be biased. They want the
process of obtaining justice untainted in any way. Otherwise, in their
view, it would be worthless. Secondly, they fear for their personal
security in having come all the way to Kuala Lumpur to testify and
thirdly, it is a matter of principle to them and if they lack confidence
in the panel of judges, they would essentially be insecure and thus
unable to tend evidence. As such, the Prosecution recommended that the
hearing be adjourned Sine Die (indefinitely).
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