The Federal Court today dismissed Malaysiakini's application for the recusal of the judge from hearing the suit filed by Prime Minister Najib Abdul Razak against the independent news portal.

Justice Richard Malanjum, who led the three-member bench, ruled that Malaysiakini failed to meet the threshold of Section 96 of the Courts of Judicature Act (CJA) 1964.

The other judges sitting with him were Justice Ahmad Maarop and Justice Ramly Ali.

They also awarded costs of RM10,000 to the respondents.

The respondents named in the application were the Chief Justice of Malaya Zulkefli Ahmad Makinudin, Umno executive secretary Ab Rauf Yusof and Najib.

The news portal had applied for leave to appeal against the decision of the Court of Appeal on April 14.

The Court of Appeal had then dismissed the application from Malaysiakini to review the Chief Justice of Malaya's directive for Seremban High Court judge Kamaludin Md Said (photo) to hear the case filed by Najib against the news portal.

With this decision by the Federal Court, Kamaludin will proceed to hear the case.

However, Malaysiakini's counsel Malik Imtiaz Sarwar said that there is still a pending appeal on the disqualification of the judge at the Court of Appeal, fixed for Oct 4.

"Everything has been stayed pending that appeal," Malik Imtiaz told reporters after the application was dismissed by the Federal Court in Putrajaya today.

Suit filed on June 3, 2014

Najib and Abdul Rauf filed the suit against Malaysiakini on June 3, 2014, and the case was managed by the deputy registrar of the High Court in Kuala Lumpur, Norfauzani Mohd Nordin, on June 18, July 8 and Dec 2, 2014.

The suit was filed over two articles published on the website containing readers' comments on the Terengganu menteri besar imbroglio, which saw Ahmad Said being replaced as the state menteri besar by Abdul Razif Abdul Rahman.

Mkini Dotcom Sdn Bhd filed its defence and counter-claim on Dec 17, 2014, and the reply and defence to this counter-claim was filed on Feb 9, 2015. On or about June 18, Mkini Dotcom got to know that Justice Kamaludin, who was then a judicial commissioner, was appointed to hear the suit.

Mkini Dotcom filed an application to recuse the judge on grounds of conflict of interest as Najib advises the Yang di-Pertuan Agong on the appointment of judges under Article 122B(1) and the Agong is bound to act on the advice, by virtue of Article 40 of the Federal Constitution.

After this application was made, Kamaludin was confirmed as a High Court judge and Mkini Dotcom withdrew its application on Nov 14, 2014, but Justice Kamaludin did not hear this matter on the notice of withdrawal.

On Jan 1, 2015, Justice Kamaludin was transferred from the civil division of High Court in Kuala Lumpur to the High Court in Seremban.

On Feb 13, 2015, Mkini Dotcom was made to understand that Justice Kamaludin had been directed to hear and enter judgment on the application made by Najib, even though the judge was no longer part of the civil division of the High Court in KL.

It was only on March 16, 2015, that Justice Zulkefli, through his special officer, replied and communicated that Justice Kamaludin would be the judge hearing the case.

Mkini Dotcom sent several letters to the Chief Judge of Malaya and its special officer between March 16 and April 1, 2015. They confirmed that Justice Kamaludin would hear the case, despite being transferred to Seremban.

On June 12, 2015, Mkini Dotcom filed a judicial review application, citing that it was adversely affected by the decision and that this would affect the company’s entitlement to a fair trial.

On June 22, then KL High Court judge Asmabi Mohamad dismissed Mkini Dotcom's judicial review application by refusing to grant leave on grounds that the application was filed out of time.