Another judge recuses self from Najib's wrongful prosecution appeal

Another Court of Appeal judge has recused herself from hearing ex-premier Najib Abdul Razak’s appeal to reinstate a malicious prosecution suit against former attorney-general Tommy Thomas.

Judge Faizah Jamaludin agreed to withdraw herself today when the appellant’s lawyer Firoz Hussein Ahmad Jamaluddin made the oral recusal application.

In October last year, Najib’s appeal was deferred when appellate bench member Azizah Nawawi disclosed that her husband used to work as deputy public prosecutor under Thomas, and she decided to withdraw.

At the start of today’s appellate proceedings to hear Najib’s appeal, Firoz told the three-person bench chaired by judge Hashim Hamzah that bench member Faizah ought to withdraw.

Judge’s husband involved in 1MDB asset recovery

The lawyer explained this was because Faizah’s husband was chairperson of 1MDB’s executive committee, which was formed in 2018 as part of services provided by PricewaterhouseCoopers Advisory Services Sdn Bhd (PwC) to the Malaysian sovereign wealth fund.

Firoz said her husband Mohammad Faiz Azmi was involved in assisting 1MDB to recover its assets and manage its debts.

In Najib’s malicious prosecution suit, he claimed Thomas maliciously green-lighted the ongoing criminal court case against the ex-premier linked to RM2.27 billion of funds from 1MDB.

“Since the matter involves, among others, a plethora of issues connected to 1MDB, I am compelled to make this application.

“This is not to cast aspersion on the integrity or independence of Faizah whom I have known for many years,” Firoz told the appeal bench, which also comprised judge Azmi Ariffin.

Firoz added that it would be better for Faizah to recuse herself as she, the lawyer and Thomas’ counsel Alan Adrian Gomez worked under the same law firm Skrine with Thomas in the 1990s.

Gomez is now a partner in the law firm Tommy Thomas, while Firoz has since gone on to open his own law firm, and ex-lawyer Faizah was elevated to the judiciary.

In response, Gomez said he did not see the relevance of Faizah’s husband being involved in 1MDB asset recovery could affect the fairness of hearing the appeal.

“However, I am conscious that justice must not only be done but seen to be done, so I leave it to her ladyship whether she should recuse herself,” Gomez said.

Firoz then submitted that the recusal is necessary to maintain public confidence in the administration of justice.

Faizah then agreed to withdraw from hearing the appeal in the interest of justice, noting that her husband retired from the executive committee last year.

Hashim then set Dec 3 for case management of Najib’s appeal, with Firoz saying they will go through the list of appellate judges to see who is most suitable to be part of the newly constituted bench to hear Najib’s appeal.

‘Unconnected political issues’

On Nov 25, 2022, Kuala Lumpur High Court judge Ahmad Bache allowed Thomas’ application to strike out Najib’s entire civil action without it being subjected to full trial because the lawsuit was “filled with unconnected political issues”.

He added the civil action also lacked details on the former attorney-general’s alleged involvement in wrongful prosecution.

Najib’s lawsuit centred on Thomas’ alleged wrongful prosecution against him in four criminal cases.

Three of the cases are ongoing: the RM2.27 billion 1MDB corruption case, the RM6.6 billion International Petroleum Investment Company (IPIC) criminal breach of trust (CBT) case, and the RM27 million SRC International money laundering case.

The fourth one is the 1MDB audit case, for which the High Court in Kuala Lumpur has granted Najib a full acquittal.

The civil suit, however, is not over the RM42 million SRC International corruption case (a separate criminal case from the RM27 million SRC money-laundering case), for which Najib was not only jailed for six years but also fined RM50 million.

Najib was initially jailed for 12 years and fined RM210 million, but the sentence has been discounted following the advice given by the Federal Territories Pardons Board to the Yang di-Pertuan Agong.

Counsel Yudistra Darma Dorai and Mervyn Lai also appeared for Najib and Thomas respectively during today’s appellate proceedings.

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