Top judge should have withdrawn from chairing Najib's SRC appeal, says lawyer

The Federal Court was today told that Chief Justice Tengku Maimun Tuan Mat should have stepped down from chairing the appeal in Najib Razak’s SRC International case due to allegations of conflict of interest due to a Facebook post by her husband five years ago. 

The former prime minister's lawyer Muhammad Shafee Abdullah said the top judge’s husband had blamed Najib in 2018 for the downfall of 1MDB and its former subsidiary SRC International.

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

"The matter was brought up on Aug 23 last year before the apex court. The chief justice should have not heard and decided the motion of recusal herself. We invited the chief justice to step down because she had conflict of interest by virtue of her husband’s Facebook post," he said.

Shafee also said that the transmission of information between husband and wife might have occurred and should be considered in a serious manner.

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

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

"Najib’s ex-counsel Hisyam Teh Poh Teik did not give himself an opportunity to submit on the 94 grounds of the appeal. In fact, Hisyam was not refused to submit but he was not ready to do so… he requested for an adjournment as he needed more time to prepare, 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.

Shafee said this at the hearing of Najib’s application to review the Federal Court ruling upholding his conviction, 12-year jail sentence and RM210 million fine for the misappropriation of RM42 million in SRC International funds.

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

Najib, in his review application, is seeking to overturn the decision made by a five-member bench of the Federal Court led by Tengku Maimun on Aug 23 last year.

Shafee is scheduled to wrap up his submissions tomorrow, after which ad hoc prosecutor V Sithambaram will begin his arguments.