Najib's lawyer Datuk Firoz Hussein Ahmad Jamaluddin, informed the Court of Appeal three-judge panel that he had been instructed by his client to request the recusal of Justice Datuk Faizah Jamaludin.
This is the second time the hearing of Najib's appeal has been postponed due to a judge recusing themselves. On Oct 4, last year, Judge Datuk Azizah Nawawi also recused herself due to her husband's previous role as the head of the Appellate and Trial Division in the Attorney-General's Chambers when Thomas was serving as AG.
In today's proceedings, Firoz told the court that Faizah's husband, Datuk Mohammad Faiz Azmi, was the executive chairman of PricewaterhouseCoopers Advisory Services Sdn Bhd (PwC) and was involved in 1Malaysia Development Berhad (1MDB)'s asset recovery and debt management.
It was reported that Mohammad Faiz was appointed in 2018 as the chairman of the executive committee by 1MDB, as part of the services provided by PwC to the company.
Firoz also said that he, Thomas' lawyer Alan Adrian Gomez and Faizah had worked with Thomas in the 1990s.
In response, Gomez stated that he did not see how the recovery of 1MDB's assets and the management of the company's debts were relevant to determining whether the respondent's (Thomas) discretion under Article 145(3) of the Federal Constitution was justiciable, or whether there had been misfeasance in public office or negligence. However, he acknowledged the importance of ensuring that justice is seen to be done.
Justice Faizah then decided that, in the interest of justice, it would be best for her not to hear the appeal and recused herself from the case. She explained that her husband had retired from his position a year ago.
Judge Datuk Hashim Hamzah, who was sitting with Faizah and Justice Datuk Azmi Ariffin, adjourned the hearing and set Dec 3 for case management.
Najib is appealing the High Court's decision on Nov 25, 2022, to strike out his lawsuit against Thomas. In his suit, Najib claims that Thomas committed misfeasance in public office by prosecuting him over charges related to the 1MDB case.
Najib alleges that the charges involved 1MDB, the International Petroleum Investment Company (IPIC), abuse of power under the Malaysian Anti-Corruption Commission (MACC) Act 2009, and money laundering under the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA 2001).
Thomas served as AG from June 4, 2018, to Feb 28, 2020
Najib is seeking a declaration that Thomas committed misfeasance in public office, as well as RM1.9 million in damages, which includes negotiation fees for the audit team to review documentation in preparation for the defence against the charges brought against him.
-- BERNAMA
