FORMER prime minister Datuk Seri Najib Razak now wants Chief Justice Tun Tengku Maimun Tuan Mat to recuse herself from the Federal Court panel hearing his final appeal in his SRC International RM42 mil corruption case.
According to news reports, Najib’s lead counsel, Hisyam Teh Poh Teik, told the five-member bench this morning that the defence had filed the application last night (Aug 22), with a copy served to the prosecution as well.
He stressed that the application was not aimed at delaying the proceedings but based on new information gained in recent days, The Vibes reported.
The court then stood down to deliberate on the matter.
According to Malaysiakini, Najib, in his affidavit in support of the recusal bid, claims that he recently found out about a Facebook posting that was allegedly made by 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 that he would have influenced her thinking as to his (Najib’s) alleged culpability.
“Any findings by this honourable court made against me would be subject to skepticism, wherein an informed and fair-minded observer will perceive that the decisions procured are tainted with bias, and the public perception of the independence of the judiciary will be in doubt,” the UMNO leader added in his affidavit, Malaysiakini reported.
As the chances of Najib going to jail over the case gets higher – he has already exhausted the appeals processes in the lower courts and his lawyer refuses to make oral submissions in the appeal – UMNO leaders have been clamouring over supposed “new evidence” not being entertained by the judiciary.
“Leaked investigation paper”
Apart from the alleged Facebook posting, several UMNO top guns have made reference to an allegedly leaked Malaysian Anti-Corruption Commission (MACC) investigation paper (IP) into the SRC International trial judge, Datuk Mohd Nazlan Mohd Ghazali.
The IP supposedly recommends charges under Section 220 of the Penal Code for commitment for trial or confinement by a person having authority who knows that he is acting contrary to law.
Last Tuesday (Aug 16), the Federal Court rejected 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.
Tengku Maimun said Najib failed to show the relevance of the new evidence against his charges, adding that Nazlan’s previous role as Maybank Group general counsel and company secretary was public knowledge and should not have come as a “surprise”.
The defence had argued that there was a real danger of “bias” due to Nazlan’s supposed involvement in the bank’s RM4.17 bil loan to 1Malaysia Development Bhd (1MDB). SRC International is a former 1MDB subsidiary, and Najib used to be SRC’s adviser emeritus as well as chairperson of 1MDB’s board of advisers.
In July 2020, Nazlan found Najib guilty of 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. Najib then appealed the charges and fine at the Court of Appeal.
Last December, however, the appellate court dismissed the appeal and ruled that Najib’s conviction, alongside the jail sentence and fine, should be upheld. The former finance minister is currently out on bail pending his final appeal at the apex court.
Najib’s new legal team, which was appointed at the eleventh hour, has been unsuccessful in postponing the final appeal; they said they are not ready to make submissions.
The Federal Court has also rejected Hisyam’s bid to discharge himself as Najib’s lawyer in the case. Najib has since discharged Zaid Ibrahim Suflan TH Liew & Partners from representing him, barely a month after replacing his long-time counsel, Tan Sri Muhammad Shafee Abdullah, and his firm.
The other judges hearing Najib’s final appeal in the SRC International case are Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd. – Aug 23, 2022
