Judge Mohd Nazlan to continue hearing Tengku Adnan's graft trial - Federal Court

This follows a decision by a Federal Court three-member bench today, led by Justice Nallini Pathmanathan, that reversed the ruling of the Court of Appeal in ordering Tengku Adnan's trial to be heard before another judge.

She then set July 24 for the case to be mentioned before Mohd Nazlan.

In her decision, Justice Nallini said the Court of Appeal committed errors of law and applied the law incorrectly to the facts of the case which warranted intervention and reversal.

"The case is remitted to the original High Court for continued hearing," she said in unanimously allowing the prosecution's appeal.

The other two judges were Justices Datuk Ong Lam Kiat and Datuk Abdul Rahman Sebli.

Justice Nallini, in her decision, said a judge is a professional who undertakes the job of determining the guilt or otherwise of an accused based on evidence.

"A judge unlike jurors, is trained in the law so as to remain impartial despite reading facts relating to a case," she said.

She also said a judge takes the judicial oath of office, which requires adherence to the Federal Constitution.

Justice Nallini said Article 5 of the Federal Constitution, which enshrines the right to life, encompasses the right to a fair trial.

She said the practice of a presiding judge continuing to hear a joint trial after one co-accused has pleaded guilty is settled law in the country.

Justice Nallini said the Court of Appeal failed to consider the important fact that even if the case is referred to another judge, the record of the plea of guilt and the facts of the case as adduced by the prosecution and agreed to by the co-accused would be equally available to the new judge.

"Therefore any allegation of a real danger of bias is palpably unfounded in relation to the original court and original presiding judge," she said.

Justice Mohd Nazlan, on Sept 20 last year, dismissed Tengku Adnan's bid for his recusal to hear the trial, prompting Tengku Adnan to file an appeal to the Court of Appeal.

The Court of Appeal in February this year ruled in favour of Tengku Adnan and ordered the trial to be heard before another judge on grounds that Mohd Nazlan might be biased.

Tengku Adnan, through his counsel Datuk Tan Hock Chuan, contended that Mohd Nazlan ought to have recused himself from hearing the case because he had read and considered the facts of the case of businessman Datuk Tan Eng Boon, who pleaded guilty to an alternative charge of abetting Tengku Adnan and was fined RM1.5 million.

The 69-year-old Putrajaya Member of Parliament is charged with corruptly receiving for himself RM1 million from Eng Boon, which was deposited into his CIMB Bank account as an inducement to assist the application by Nucleus Properties Sdn Bhd to increase the company’s plot ratio in regard to a development project on Lot 228, Jalan Semarak, Kuala Lumpur.

He also faces an alternative charge, in his capacity as federal territories minister, of receiving for himself RM1 million from Eng Boon via a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd which was deposited into his CIMB account, knowing that Eng Boon, as a director of Nucleus Properties, had connections with his official duties.

So far two prosecution witnesses have testified in the trial.

Deputy public prosecutors Manoj Kurup and Julia Ibrahim appeared for the prosecution.