Najib seeks to recuse CJ from hearing his final appeal

The former premier's lead counsel Hisyam Teh Poh Teik told the court that the defence filed the application to recuse the top judge late last night.

He added a copy of the application has also been served to the prosecution.

At this juncture, ad hoc prosecutor Datuk V.Sithambaram stood up and said that the prosecution has not received the sealed copy, thus until the sealed copy was served, the proceedings for recusal cannot be heard.

Justice Tengku Maimun then asked Hisyam whether there was anything that the defence wanted to submit with regard to the main appeal and the lawyer said no.

Hisyam further said he wanted to respond to Sithambaram's submissions on whether the court could make the decision without the defence's submissions.

Justice Tengku Maimun directed Hisyam to submit the defence's reply to Sithambaram first.

However, Hisyam insisted that the recusal application should be heard first.

To this, the Chief Justice replied, "You should submit on the six authorities the prosecution relied upon that the court could make a decision without the defence's submissions,".

At this juncture, Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim interjected saying that the bench would hear the defence's reply first.

"We are here not to waste time," said Justice Tengku Maimun and asked the court staff to get the necessary documents in relation to the recusal application.

The court then stands down.

According to the originating motion, the application was not made to disrespect the court, especially the Chief Justice and the ongoing proceedings, but rather made in the interests of protecting the independence of the judiciary.

In the motion, Najib is seeking for the Chief Justice to recuse herself from hearing or deciding on the appeal as well as for a new panel to preside over the appeal.

In his affidavit in support, Najib alleged that there was a posting on Facebook published by an individual named Zamani Ibrahim on May 11, 2018.

The post among others spoke about Najib being 'dethroned' after the 14th General Election.

"I verily believe the above-named individual Zamani Ibrahim is the husband to the honourable Chief Justice that is the chairperson of the judicial panel that is hearing my final appeal of the SRC case in the Federal Court," he stated in the affidavit.

Najib believed that these developments were highly disturbing in light of the fact that the Zamani clearly had negative sentiments towards his leadership of this country while he was the prime minister and had concluded he had siphoned sovereign government funds into his personal account.

He further said that with Zamani being the husband of the chairperson adjudicating his appeal, it was likely that he would have influenced the thinking of the mind of the chairperson as to his 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.

"In fact, I verily believe that in the event this Honourable Court is to decide against me with the Honourable Chief Justice presiding, the informed and fairminded observer will attribute the same to the issues raised above," he said.

To put the matter into perspective, Najib contended that when his SRC trial started, the first presiding judge Datuk Mohd Sofian Abd Razak was said to have a brother who was a member of UMNO and in the Executive Council of Pahang, and had issued a statement calling for his recusal on the basis that the public may perceive that justice is not seen to be done.

"Also, recently in my application to admit Jonathan Laidlaw QC, Justice Datuk Wan Ahmad Farid Wan Salleh 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.

"Similarly, the Chief Justice 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," said the former prime minister.