[UPDATED] Najib’s lawyer seeks to recuse chief justice from hearing final appeal

PUTRAJAYA – Datuk Seri Najib Razak’s defence lawyer Hisyam Teh Poh Teik is seeking to recuse chief justice Tun Tengku Maimun Tuan Mat from hearing the former prime minister’s final appeal against his SRC International Sdn Bhd conviction.

At the start of the proceedings in the Federal Court today, Hisyam said the application was filed late last night.

He stressed that the application was not made to delay the proceedings but was based on new information that was gained in the past few days.

Hisyam said the application, which was also served to the prosecution this morning, is based on Najib’s affidavit for the recusal, in which he cited a Facebook post allegedly by Tengku Maimum’s husband, Datuk Zamani Ibrahim.

“I verily believe the above-named individual Zamani Ibrahim is the husband to the Honourable Chief Justice Her Ladyship Tun Tengku Maimun Tuan Mat that is the chairman of the judicial panel that is hearing my final appeal of the SRC case in the Federal Court.

“I verily believe that these developments are highly disturbing in light of the fact that the said Zamani Ibrahim clearly has negative sentiments towards my leadership of this country while I was prime minister and had concluded I had syphoned sovereign government funds into my personal accounts.

“Being the husband of the chairman that is adjudicating my appeal, it is likely that he would have influenced the thinking of the mind of the chairman as to my alleged culpability,” said Najib in his affidavit.

The Pekan MP’s affidavit also states his concern that Tengku Maimun had not objected to members of the Malaysian Bar applying for adjournments so as to attend the fraternity's Walk for Justice on June 19 this year.

Najib said this was concerning because the walk had been held to oppose investigations into judge Datuk Nazlan Mohd Ghazali for alleged conflict of interest when he presided over the hearing and conviction of the former prime minister in the SRC International case at the high court.

He also said the bid for Tengku Maimun’s recusal was to protect the image of the judiciary.

The court has now stood down to deliberate on the application to recuse the chief justice.

Over the past week, since Najib’s final appeal hearing began on August 15, Tengku Maimun has come under attack on social media from supposedly Najib’s supporters and Umno supporters, following the apex bench’s decision not to grant the hearing an adjournment, after the defence claimed they had no time prepare submissions since taking on the case three weeks prior.

The court also rejected Hisyam’s bid to discharge himself after he refused to give oral submissions, with Tengku Maimun telling him last Friday that the lawyer had “Saturday, Sunday and Monday” to prepare.

The court had also refused the defence’s application to adduce new evidence in the final appeal hearing regarding judge Nazlan, who found Najib guilty in the SRC case in July 2020.

An online campaign to question Tengku Maimum’s impartiality was launched using an old Facebook post by her husband Zamani in May 2018 where he writes about Najib being “dethroned” in the general election that year.

Earlier, Tengku Maimun asked Hisyam if he had any submissions to make on the main appeal hearing, to which the lawyer said no.

He reiterated that he did not have enough time to argue the case effectively since the court had rejected his bid for an adjournment.

Tengku Maimun chairs the five-person bench, which comprises Sabah and Sarawak chief judge Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, and Datuk Mohamad Zabidin Mohd Diah.

Najib is appealing his conviction on all seven charges of abuse of power, misappropriation and money laundering in the SRC International case involving RM42 million.

He was sentenced to 12 years’ imprisonment and a RM210 million fine. – The Vibes, August 23, 2022