Judge recuses self from hearing Najib’s Queen’s Counsel bid
As a result, Ahmad Farid Wan Salleh voluntarily withdrew from presiding over an application to allow a Queen’s Counsel (QC) from the United Kingdom to act for Najib in his RM42 million SRC International corruption case appeal.
The judge...
A Kuala Lumpur High Court judge this morning disclosed that his family member belonged to the same party as former prime minister Najib Abdul Razak.
As a result, Ahmad Farid Wan Salleh voluntarily withdrew from presiding over an application to allow a Queen’s Counsel (QC) from the United Kingdom to act for Najib in his RM42 million SRC International corruption case appeal.
The judge informed this to the lawyers for Najib, the Bar Council, the KL Bar Committee, and the prosecution during today’s case management of the QC bid.
“I have to put on record that one of my immediate family members is a very active politician and a divisional leader of the same political party as the appellant (Najib),” Farid (above) said.
“My approach to determining the issues before me has always been based purely and strictly within the confines of the law and the doctrine of stare decisis, abjuring, in the words of justice Eusoffe Abdoolcader - ‘any concomitant political or emotional offshoots springing like Athena from the head of Zeus in its wake’
“However, in light of the factual narration that I alluded to earlier, my continued hearing of this OM (originating motion for QC Jonathan Laidlaw to represent Najib) and eventual decision, one way or the other, would not be seen as purely from the legal perspective devoid of any extraneous predilections or preferences,” the judge added.
Protecting judicial integrity
Farid said for him to preside over the bid would invite unnecessary criticisms that would compromise the integrity of the judiciary.
“This is the very thing that I have to avoid despite running the risk of being accused of abdicating my judicial duty. 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 any costs.
“For the reasons aforesaid, although there was no request made by any of the parties herein, I am recusing myself from hearing this OM,” he added.
Farid used to be a senator and was once a deputy home minister.
However, this was not the reason cited by the judge today for his recusal as he left Umno and the various other positions that may present conflicts of interest prior to joining the judiciary.
The application to allow Najib a QC was set for case management later today before Kuala Lumpur High Court judge Ahmad Kamal Md Shahid, the new judge set to preside over the bid.
Are you sure you want to delete this comment?
This action cannot be undone.