Shafee fails to recuse 2 judges from King's Counsel appeal

Lawyer Muhammad Shafee Abdullah failed to recuse two Federal Court judges from hearing an appeal by a King's Counsel from the UK to represent jailed former prime minister Najib Abdul Razak.

The two Federal Court judges, Nordin Hassan and Abu Bakar Jais, are part of today's panel which is set to hear the appeal by Jonathan Laidlaw. Shafee acted for Laidlaw.

The bench chairperson Zabariah Mohd Yusof unanimously dismissed Shafee's application to recuse Nordin and Abu Bakar, on reasons of exchange the duo allegedly had with Shafee during Najib's SRC International review application before a separate Federal Court bench.

Earlier this year, Nordin and Abu Bakar were part of the Federal Court bench that in a majority 4-1 decision, dismissed Najib's bid to review his conviction as well as a 12-year jail sentence and RM210 million fine in the RM42 million SRC International corruption case.

On July 21 last year, the High Court (civil jurisdiction) in Kuala Lumpur denied an application by Laidlaw for temporary admission to the Bar so that he could represent Najib in the then-still ongoing SRC International case.

The British citizen had then appealed to the Federal Court (appeals involving admission to the Bar go straight to the Federal Court without going through the Court of Appeal).

On Oct 12 last year, while the review was still pending at the Federal Court, Najib’s lead counsel Shafee told the media that they still require Laidlaw’s expertise in fraud and corruption cases in the event Najib is allowed a retrial of the SRC International case.

The former Pekan MP is currently serving his jail time at Kajang Prison.

In July 2020, the High Court (criminal jurisdiction) in Kuala Lumpur found Najib guilty of seven charges involving abuse of power, criminal breach of trust (CBT) and money laundering linked to RM42 million of SRC’s International funds.

He was then sentenced to 12 years imprisonment as well as a RM210 million fine, in lieu of an additional five years in jail.

On Dec 8 2021, the Court of Appeal upheld the conviction and sentencing.

Federal Court, on Aug 23 last year, also maintained the guilty verdict and sentencing.

Najib’s failed review bid had targeted the Aug 23 Federal Court’s verdict.

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