Update: Chief Justice Tengku Maimun Tuan Mat has rejected Najib’s request for a recusal after deliberating on the decision with the five member bench. She also told the court that she will deliver the appeal decision today.
In another drama-filled day, Malaysia’s former premier and convicted felon Najib Abdul Razak filed an application to recuse the five-member bench presiding over his final appeal against a criminal breach of trust conviction.
The 69-year-old claimed in his affidavit that there was a posting on Facebook, published by an individual named Zamani Ibrahim on May 11, 2018, that spoke about Najib being ‘dethroned’ after the 14th General Election.
“I verily believe the above-named individual Zamani Ibrahim is the husband to the honourable Chief Justice that is the chairperson of the judicial panel that is hearing my final appeal of the SRC case in the Federal Court,” he stated in the affidavit.
Najib said he thought these developments were extremely troubling given that post asserted that he had siphoned funds from the sovereign government into his personal account and that Zamani had clearly harboured negative feelings toward his leadership of the country while he was the prime minister,
He added that it was possible that Zamani could have influenced Chief Justice Tengku Maimun Tuan Mat’s judgment on his alleged guilt because he was her husband.
“I further state that considering the nature of their spousal relationship, it is likely that the mind of the learned chairperson would have been unconsciously influenced by the sentiments against me held by her ladyship’s husband.”
“In fact, I verily believe that in the event this Honourable Court is to decide against me with the Honourable Chief Justice presiding, the informed and fairminded observer will attribute the same to the issues raised above,” he said.
The application argues that the potential bias caused by the influence of the chief justice’s husband is enough to warrant the recusal of the entire five-person pench.
Najib’s lead counsel, Hisyam Teh Poh Teik, told the court that the defence filed the application to recuse the top judge late last night.
However, ad hoc prosecutor Datuk V.Sithambaram then stood up and told the court that the prosecution had not received the sealed copy. Thus, until the sealed copy was served, the proceedings for recusal could not be heard.
Justice Tengku Maimun then asked Hisyam whether there was anything that the defence wanted to submit with regard to the main appeal and the lawyer said no.
Hisyam further said that he wanted to respond to Sithambaram’s submissions on whether the court could make the decision without the defence’s submissions.
Justice Tengku Maimun directed Hisyam to submit the defence’s reply to Sithambaram first.
However, Hisyam insisted that the recusal application should be heard first.
To this, the Chief Justice replied, “You should submit on the six authorities the prosecution relied upon that the court could make a decision without the defence’s submissions.”
At this juncture, Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim interjected saying that the bench would hear the defence’s reply first.
“We are here not to waste time,” said Justice Tengku Maimun, who then asked the court staff to get the necessary documents in relation to the recusal application.
As of the time of writing, the court proceedings are ongoing with the return of Najib’s former lawyer, Shafee, whom Najib had fired last month.
Shafee is apparently assisting Hisyam in the appeal.
Outside the court, hundreds of Najib’s supports have gathered, some showing up as early as 7:00 am, with many shouting the infamous “Hidup Bossku” slogan from time to time.
Upon arriving at court this morning, Najib took the opportunity to step out of the vehicle to acknowledge his supporters.
Najib’s current appeal at the Federal Court is his last chance to overturn his 2020 High Court conviction in which he was found guilty of seven criminal offences for stealing RM42 million from SRC International.
For that conviction, he received a 12-year jail term and a RM 210 million fine from the judge. The conviction was upheld by the Court of Appeal on December 8, 2021, when the three-judge panel unanimously dismissed Najib’s appeal against the High Court’s decision.
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