[UPDATE] Court isn’t circus: prosecution snaps as lawyer from gallery volunteers aid to Najib

PUTRAJAYA – The prosecution in Datuk Seri Najib Razak’s SRC International final appeal hearing has ticked off the defence team for its delay tactics, after a lawyer sitting in the gallery attempted to submit his own arguments in a bid to recuse the chief justice.

Ad hoc prosecutor Datuk V. Sithambaram said the defence was turning the Federal Court into a circus.

This was after lawyer Datuk Firoz Hussein Ahmad Jamaluddin, who was seen sitting in the gallery and speaking to Najib, who was in the dock, moved up to sit behind lead defence counsel Hisyam Teh Poh Teik before telling the court he wanted to make his own submissions.

Firoz, who is not on record as one of Najib’s counsel, stepped forward after Hisyam finished his own submission on the application to recuse Chief Justice Tun Tengku Maimun Tuan Mat. Firoz’s actions, however, did not sit well with Sithambaram, who then chided the defence team.

“This is a court of law. This is not a circus, people walk in and walk out and make fun (of).

“I think there has to be some decorum,’’ he said.

The defence is attempting to have Tengku Maimun recused on grounds that involve her husband’s Facebook post in 2018 that allegedly disparaged Najib.

Firoz then pleaded to the court to stand down for lunch so that he could take further instructions from Najib and make his submissions after the break.

Firoz: We were asked if we could also supplement the submissions. If your ladyship and your lordship would...

Tengku Maimun: No, no, actually Tuan Haji (Hisyam) has put up a very comprehensive submission already. So we don’t think we need any further submissions.

Firoz: Perhaps my lady, just a short luncheon adjournment to take instructions, perhaps I could come back after that?

Tengku Maimun: No, no.

Sithambaram interjected, saying, “What my learned friend is saying is he does not have instructions, he needs lunch hour to take instructions and come back.”

“The proceedings are ongoing. So you cannot come and treat the highest apex court in this manner.

“Counsel is already on record and the submissions are over,” Sithambaram added.

Earlier in his submission, Sithambaram argued that the defence’s application for the chief justice’s recusal was made “mala fide” and meant to “scuttle the progress of the hearing”.

Sithambaram also poked holes at Najib’s affidavit for the recusal, in which the former prime minister cited a Facebook post allegedly by Tengku Maimum’s husband, Datuk Zamani Ibrahim.

He argued that it was improbable for Najib to have only just discovered the Facebook post when it was made on May 11, 2018.

In Najib’s affidavit, he stated he was only made aware of the post on August 17, 2022.

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. – The Vibes, August 23, 2022