DATUK Seri Najib Razak has come under fire for his “sexist” arguments to recuse Chief Justice Tun Tengku Maimun Tuan Mat from hearing the former prime minister’s final appeal in his SRC International RM42 mil corruption case.
In his affidavit in support of the recusal bid, filed yesterday (Aug 22), Najib made reference to a viral Facebook posting that he attributed to Tengku Maimun’s husband, Datuk Zamani Ibrahim.
In the write-up dated May 11, 2018, the author linked the 14th General Elections (GE14) results – in which Barisan Nasional (BN) lost – to the “rakyat speaking with such fury that it was a complete demolition of Be eND,” poking fun at the BN acronym.
The author also wrote: “Happy because Najib had been dethroned. Sad for the demise of UMNO. Hopeful for the future.”
Najib said the posting shows a risk of bias on Tengku Maimun’s part, claiming that being Zamani’s wife, it is likely he would have influenced her thinking as to his (Najib’s) 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,” the Pekan MP added.
“Tell that to your wife, please”
DAP’s Ketari assemblywoman Young Syefura said Najib’s argument was sexist and looks down on the capability of women.
“As if women are so stupid that they cannot make their own decision,” she tweeted. “Shame on you!”
Some netizens pointed out it was “misogynistic” for Najib to make such a remark, and that if anyone else were to make such an insinuation against the judiciary, they would be found in contempt of court.
Also taking to Twitter, Segambut MP Hannah Yeoh said: “What a desperate man, clutching at straws,” while lawyer-politician Dyana Sofya Mohd Daud remarked: “Tell that to your wife, please”.
Others had a field day over Najib’s remarks, poking fun at his wife, Datin Seri Rosmah Mansor, who is infamously known for her “Can I advise you something?” voice recording, and criticising Najib’s attempt to go after not just Tengku Maimun but trial judge Datuk Mohd Nazlan Mohd Ghazali as well:
“No legal basis”
PKR-linked lawyer Lau Yi Leong said even if Tengku Maimun’s husband made such a “casual statement” about Najib, it does not automatically lead to a reasonable apprehension that Zamani’s views might have been formed after discussion with his wife.
He cited the 1989 Australian court case of Kaycliff v ABC, which ruled that there is no basis for a reasonable suspicion of pre-determination bias, be it real or apparent, over the legal impact of comments by a judge’s spouse.
“The statement in question was also made in the aftermath of GE14, long before Tengku Maimun took office,” Lau added, also on Twitter.
He further argued that Najib waived his right to complain about this alleged bias since his lawyer raised no objections last Thursday and Friday (Aug 18 and Aug 19) – despite Najib’s daughter first commenting on the post on Wednesday (Aug 17).
Nooryana Najwa had shared a screengrab of the Facebook posting on her Insta Story with this message: “This is why it’s a losing battle. Every single request from Najib’s team has been rejected by the court. It’s not justice, it’s politics.”
Lau said Najib’s lead counsel, Hisyam Teh Poh Teik, could have orally applied for recusal on Aug 18 when the hearing resumed but did not do so, instead permitting the case to continue for much time before making his objection.
The Federal Court is currently hearing the recusal bid.
Last week, it dismissed Najib’s bid to adduce new evidence to prove that Nazlan was under a serious conflict of interest when presiding over the SRC International trial two years ago.
Najib is appealing the 2020 High Court guilty ruling against him on seven charges of power abuse, criminal breach of trust and money laundering in the SRC International corruption case. He was also fined RM210 mil and sentenced to 12 years in jail.
The Court of Appeal, last December, dismissed his first appeal and ruled that the former finance minister’s conviction, along with the jail sentence and fine, should be upheld.
If he loses the Federal Court appeal, Najib will go straight to jail. – Aug 23, 2022
Main photo credit: The Star
