Malaysia

Judge recuses self from hearing QC bid to represent Najib

Datuk Wan Ahmad Farid Wan Salleh looks to avoid putting judiciary independence in doubt

Updated 3 years ago · Published on 16 Jun 2022 1:45PM

Judge recuses self from hearing QC bid to represent Najib
Datuk Wan Ahmad Farid Wan Salleh notes that one of his immediate family members is a very active politician and a divisional leader in the same political party as Datuk Seri Najib Razak (pic), who is the appellant. – Bernama pic, June 16, 2022

KUALA LUMPUR – A high court judge has recused himself from hearing former prime minister Datuk Seri Najib Razak’s application to have Queen’s Counsel Jonathan Laidlaw to be admitted here and represent him in the SRC International Bhd appeal.

According to FMT, judge Datuk Wan Ahmad Farid Salleh clarified that he was an Umno member before and had served as a senator prior to being called to the bench.

He also stated that an immediate family member was also a leader in Umno.

“In light of the factual narration that I alluded to earlier, my continued hearing of this motion (for admission) and eventual decision, one way or the other, would not be seen as purely from the legal perspective devoid of any extraneous predilection or preferences.

“I would invite unnecessary criticism that would compromise the integrity of the judiciary,” he said.

Najib was a former president of Umno and is currently facing multiple charges of abuse of power and corruption in the courts.

Datuk Seri Muhammad Shafee Abdullah, representing Laidlaw, said there is no contention on the issue as Wan Ahmad Farid was not involved in any 1MDB or SRC International court cases. 

However, ad-hoc prosecutor V. Sithambaram said he needs to seek instruction from the Attorney-General Chambers on the matter.

Similarly, Malaysian Bar lawyer Bastion Vendargon and Kuala Lumpur Bar representative Vivekananda Sukumaran also posited that they need to refer for further instructions from their respective office bearers.

Wan Farid Ahmad explained that despite no formal request being made by all the parties involved, he should not sit for the admission hearing.

"This is the very thing that I have to avoid despite running the risk of being accused of abdicating my judicial duty”, he told the court.

“The public perception of the independence of the judiciary should not be put in doubt. It is not a matter of trial and error.

“An independent judiciary is a precious gift to any society. Once it is lost, anarchy reigns.

“The independence of the judiciary must therefore be defended at all cost,” he said.

The hearing on Laidlaw’s application for an ad hoc admission is now fixed before high court judge Datuk Kamal Md Shahid. – The Vibes, June 16, 2022 

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