Federal Court rejects bid to recuse CJ from Najib’s SRC International appeal
PUTRAJAYA: The Federal Court says there is no need for Chief Justice Tengku Maimun Tuan Mat to recuse herself from presiding over Najib Razak’s final SRC International appeal hearing.
The five-member bench led by Tengku Maimun said the defence failed to provide reasonable grounds to recuse her from the bench.
The other judges on the panel are Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and Federal Court judges Nallini Pathmanathan, Mary Lim and Zabidin Mohamad Diah.
Earlier, Najib filed an application to recuse Tengku Maimun from hearing the appeal on grounds that her husband, Zamani Ibrahim, had “negative sentiments” towards his leadership, which he expressed in a Facebook post in the aftermath of the 14th general election.
In the post, Zamani spoke about the fall of the Barisan Nasional government on May 9, 2018, and that he was “happy because Najib had been dethroned”.
MORE TO COME
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Courts denied me justice, declares Najib
PUTRAJAYA: Former prime minister Najib Razak says he has been denied justice by the Federal Court in his final SRC International appeal hearing.
Speaking to his supporters outside the Palace of Justice, Najib said all his appeals, from adducing new evidence to seeking an adjournment for his trial have been rejected by the Federal Court.
“I have tried my best. What is important is that our struggle must continue. I did not lose, I just did not get justice.”
Some of his supporters could be seen crying as he spoke.
MORE TO COME
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CJ’s support for ‘Walk of Justice’ suggests bias, says Hisyam
Lead counsel Hisyam Teh Poh Teik says Chief Justice Tengku Maimun Tuan Mat ‘might not be objective’ in presiding over Najib Razak’s appeal.
PUTRAJAYA: Najib Razak’s lead counsel has argued that the chief justice’s allowing of adjournments for the Bar’s “Walk of Justice” was further evidence of her bias in the former prime minister’s SRC International appeal.
Hisyam Teh Poh Teik said the adjournments granted for the event, in support of judge Nazlan Ghazali, who presided over the SRC International trial in the High Court, indicated that Tengku Maimun Tuan Mat may not be able to approach Najib’s new application to recuse her with an open mind.
In June, lawyers voted in favour of the Bar’s resolution during its extraordinary general meeting to condemn an investigation by the Malaysian Anti-Corruption Commission into Nazlan.
Najib’s defence previously sought to adduce new evidence for his SRC International appeal pertaining to Nazlan’s alleged conflict of interest owing to his previous position as the Maybank Group legal counsel and company secretary.
The bid was rejected.
Hisyam also pointed out that the Bar itself issued a circular to members informing them that they could seek an adjournment of their cases on June 17.
However, Tengku Maimun was not persuaded by Hisyam’s argument.
She said the courts will normally allow lawyers to adjourn their cases if they have to attend Bar events, including the annual general meeting or extraordinary general meeting, on a weekday.
Hisyam, however, reaffirmed his reply, saying that Tengku Maimun might not be objective in presiding over the case.
Earlier, the defence told the court that Najib had filed an application to recuse Tengku Maimun from hearing the appeal on grounds that her husband, Zamani Ibrahim, had “negative sentiments” towards his leadership, which he expressed in a Facebook post in the aftermath of the 14th general election.
However, ad hoc prosecutor V Sithambaram said the recusal bid was an attempt to scuttle the hearing.
He said Najib had known about the Facebook post since the appeal hearing started last week but chose to keep quiet.
“He could have done it (raise an objection) but he did not,” he said.
Hisyam then asked the court to allow fellow lawyer Firoz Hussein Ahmad Jamaluddin to sit in and argue Najib’s bid to recuse Tengku Maimun, but Sithambaram objected, saying “this is a court of law and not a circus”.
Firoz requested the court to give him time to get Najib’s instructions to argue but Tengku Maimun rejected his request.
“Tuan Haji (Hisyam) has made comprehensive submissions,” Tengku Maimun said, adding that the court will resume hearing in the afternoon to deliver its ruling on the recuse application.
PUTRAJAYA: Najib Razak’s lead counsel has argued that the chief justice’s allowing of adjournments for the Bar’s “Walk of Justice” was further evidence of her bias in the former prime minister’s SRC International appeal.
Hisyam Teh Poh Teik said the adjournments granted for the event, in support of judge Nazlan Ghazali, who presided over the SRC International trial in the High Court, indicated that Tengku Maimun Tuan Mat may not be able to approach Najib’s new application to recuse her with an open mind.
In June, lawyers voted in favour of the Bar’s resolution during its extraordinary general meeting to condemn an investigation by the Malaysian Anti-Corruption Commission into Nazlan.
Najib’s defence previously sought to adduce new evidence for his SRC International appeal pertaining to Nazlan’s alleged conflict of interest owing to his previous position as the Maybank Group legal counsel and company secretary.
The bid was rejected.
Hisyam also pointed out that the Bar itself issued a circular to members informing them that they could seek an adjournment of their cases on June 17.
However, Tengku Maimun was not persuaded by Hisyam’s argument.
She said the courts will normally allow lawyers to adjourn their cases if they have to attend Bar events, including the annual general meeting or extraordinary general meeting, on a weekday.
Hisyam, however, reaffirmed his reply, saying that Tengku Maimun might not be objective in presiding over the case.
Earlier, the defence told the court that Najib had filed an application to recuse Tengku Maimun from hearing the appeal on grounds that her husband, Zamani Ibrahim, had “negative sentiments” towards his leadership, which he expressed in a Facebook post in the aftermath of the 14th general election.
However, ad hoc prosecutor V Sithambaram said the recusal bid was an attempt to scuttle the hearing.
He said Najib had known about the Facebook post since the appeal hearing started last week but chose to keep quiet.
“He could have done it (raise an objection) but he did not,” he said.
Hisyam then asked the court to allow fellow lawyer Firoz Hussein Ahmad Jamaluddin to sit in and argue Najib’s bid to recuse Tengku Maimun, but Sithambaram objected, saying “this is a court of law and not a circus”.
Firoz requested the court to give him time to get Najib’s instructions to argue but Tengku Maimun rejected his request.
“Tuan Haji (Hisyam) has made comprehensive submissions,” Tengku Maimun said, adding that the court will resume hearing in the afternoon to deliver its ruling on the recuse application.
Just go to jail la. I think our nation has something called NR fatigue. Nearly 70 years old he cannot live forever. Time to repent and ask forgiveness from God. Same is true with a certain nonagenarian who started the rot in the first place
ReplyDeleteNajib is being tried for abuse of power and corruption, based on evidence presented by the prosecution.
ReplyDeleteHis lawyers should be focused on trying to dispute or contradict this evidence.
Instead of trying to force a recusal of the Chief Justice over a post by her husband 4 years ago on a totally unrelated subject.
So what if he was critical of Najib during GE14 ?
Or trying to force a mistrial by alleging bias by the High Court judge whose Maybank employment had nothing to do with what Najib is charged with.
To be very clear, Najib is NOT charged with the formation of SRC.