CJ shouldn’t have chaired Najib’s appeal, says counsel

PUTRAJAYA: Chief Justice Tun Tengku Maimun Tuan Mat should have stepped down from chairing the appeal of Datuk Seri Najib Tun Razak’s SRC International Sdn Bhd case, as she allegedly has a conflict of interest due to her husband’s Facebook posting, the Federal Court was told.

The former premier’s counsel, Tan Sri Muhammad Shafee Abdullah, said this was because the top judge’s husband had blamed Najib in 2018 for the downfall of 1Malaysia Development Berhad and its former subsidiary SRC International.

“Her husband Datuk Zamani Ibrahim (posted) severe criticism of Najib in 2018 as soon as the election results came out. It was almost a celebration on FB.

“The matter (FB posting) was discussed on Aug 23 last year before the apex court. The CJ should not have heard and decided on its motion to recuse herself. We invited the CJ to step down because she has a conflict of interest in the virtue of her husband’s FB posting,” he said.

Muhammad Shafee said the transmission of information sharing between husband and wife may occur and should be considered in a serious manner.

Heavy load: Lawyers transporting documents at the Palace of Justice in Putrajaya on the second day for the hearing of Najib’s bid to review the Federal Court’s decision on his SRC corruption case. — RAJA FAISAL HISHAN/The Star

“Very often, an average husband and wife would share their opinion,” he said, adding that there was quorum failure as it was untenable for Justice Tengku Maimun to hear the appeal when her husband was critical of Najib in the social media post.

Muhammad Shafee also stressed that the top judge failed to consider any of the 94 grounds of appeal raised by Najib in his appeal last year.

“Najib’s ex-counsel, Datuk Hisyam Teh Poh Teik, did not allow himself to submit on the 94 grounds of the appeal. Hisyam wasn’t refusing to submit, but he wasn’t ready to ... He requested an adjournment as he needed more preparation time, but the court did not allow it. He then wanted to discharge himself, but the court forced him to remain to act for Najib,” he said.

This was stated by Muhammad Shafee during the hearing of Najib’s application to review the previous Federal Court ruling upholding his conviction, 12-year prison sentence and RM210mil fine for misappropriating RM42mil from SRC International.

Muhammad Shafee submitted this before the Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli, who chaired a five-member panel that included Federal Court judges Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang and Datuk Nordin Hassan, and Court of Appeal judge Datuk Abu Bakar Jais.

In his review application, Najib seeks to overturn the decision made by a five-member bench of the Federal Court led by Justice Tengku Maimun on Aug 23 last year, upholding his conviction and 12-year jail sentence and fine.

Muhammad Shafee’s submissions are due to be completed tomorrow, and ad hoc prosecutor Datuk V. Sithambaram’s argument is set to begin. — Bernama