PUTRAJAYA: The Federal Court here has dismissed a preliminary objection by Datuk Seri Najib Razak in his bid to recuse a Court of Appeal judge from sitting on the panel presiding over his review application for the SRC International Sdn Bhd case.
Justice Abdul Rahman Sebli - who chaired the five-judge panel - said that the court was not persuaded by Najib's lead counsel Tan Sri Muhammad Shafee Abdullah's argument that Justice Abu Bakar Jais should recuse himself from hearing the matter.
"The law is clear that the Chief Justice is vested with discretionary power to empanel the Court of Appeal judge (Justice Abu Bakar) to sit at the panel of the Federal Court, pursuant to Section 112(2) of the Federal Constitution," said Justice Abdul Rahman.
He added that the panel is rejecting the argument that Justice Abu Bakar should not be involved in the hearing of his recusal for the same reason.
"In the circumstances, the preliminary objection is dismissed," Justice Abdul Rahman said here on Thursday.
The court ordered for the defence to proceed with its application.
Other judges on the bench are Federal Court judges Justices Vernon Ong Lam Kiat, Rhodzariah Bujang and Nordin Hassan.
At the outset of the proceedings, Muhammad Shafee objected to Justice Abu Bakar on the panel as he argued that the composition of the Federal Court panel must be composed of only Federal Court judges.
He invoked Section 74 of the Courts of Judicature Act (CJA) 1974.
In his response, lead prosecutor Datuk V. Sithambaram said Chief Justice Tengku Maimun Tuan Mat has fulfilled the requirements of Article 122 of the Federal Constitution with the selection of Justice Abu Bakar on the panel.
"We sitting at the Bar cannot tell the court how to come up with the panel. That's contemptuous," Sithambaram added.
The apex court is now hearing Najib's main application for a review of his conviction and sentence in the SRC International case.
