Najib Abdul Razak seeks to recuse Chief Justice Tengku Maimun Tuan Mat from hearing the former prime minister’s appeal in the RM42 million SRC International corruption case.

The former finance minister’s counsel Hisyam Teh Poh Teik informed the five-person apex court bench that the recusal bid was filed yesterday.

The lawyer claimed that the application was filed based on information obtained a few days ago.

The other Federal Court bench members are Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and senior judges P Nallini, Mary Lim Thiam Suan, and Mohamad Zabidin Mohd Diah.

According to a copy of the affidavit in support of the recusal bid, Najib claimed to have found out on Aug 17 about a Facebook post allegedly made by Tengku Maimun’s husband, Zamani Ibrahim.

The former premier claimed that the post, dated May 11, 2018, had among others, allegedly expressed happiness at Najib being “dethroned” following the 14th general election (GE14) that year.

Former prime minister Najib Abdul Razak

“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 siphoned sovereign government funds into my personal accounts.

“Being the husband of the chairperson that is adjudicating my appeal it is likely that he would have influenced the thinking of the mind of the chairperson as to my alleged culpability.

“I further state that considering the nature of their spousal relationship, it is likely that the mind of the learned chairperson would have been unconsciously influenced by the sentiments against me held by her ladyship’s husband.

“Based on all the above, any findings by this honourable court made against me would be subject to scepticism wherein an informed and fair-minded observer will perceive that the decisions procured are tainted with bias and the public perception of the independence of the judiciary will be in doubt,” Najib alleged in the affidavit affirmed by him.

‘Federal Court must be up to standard’

The BN advisory board chairperson pointed out that prior to Mohd Nazlan Mohd Ghazali presiding over the SRC trial at the High Court, the first presiding judge, Sofian Razak, was recused as he was said to have a brother who was a member of Umno and in the state executive council of Pahang. 

Mohd Nazlan Mohd Ghazali

Najib noted that in those circumstances, the Bar Council, a representative of the public interest, issued a statement calling for his recusal on the basis that the public may perceive that justice is not seen to be done.

“In a similar fashion, the honourable chief justice/chairperson must be held to the same standards as being proposed by the Bar Council and this supports my contention that there is a real danger of bias.

“Also, recently in my application to admit Jonathan Laidlaw QC (Queen’s Counsel from the United Kingdom), (High Court judge) Wan Farid had also made a declaration that his brother is an active Umno politician and recused himself from hearing the matter in spite of any party not raising any objection. 

“Hence, this court being the apex court of the country must also adhere to the similar high standards as expounded by the High Court judge,” Najib contended.

At the moment, the apex bench had temporarily stood down the hearing of the main SRC appeal to go through the recusal application.

On July 28, 2020, the High Court in Kuala Lumpur found Najib guilty of one count of abuse of power, three counts of criminal breach of trust (CBT), and three money laundering charges.

However, trial judge Nazlan allowed the defence’s bid to stay the execution of the sentence of 12 years in jail and RM210 million fine, pending disposal of the appeal.

Nazlan has since been elevated to the Court of Appeal.

On Dec 8 last year, the Court of Appeal upheld the lower court’s ruling and dismissed Najib’s appeal.

The appellant also used to be SRC’s adviser emeritus and chairperson of the board of advisers of sovereign wealth fund 1MDB.

Both entities are fully owned by the Minister of Finance Incorporated (MOF Inc).

Initially a subsidiary of 1MDB, SRC was later wholly-transferred to MOF Inc.

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