PUTRAJAYA – Datuk Seri Najib Razak is seeking to recuse Chief Justice Tun Tengku Maimun Tuan Mat from hearing his final appeal at the Federal Court, here, today.
His lead counsel Hisyam Teh Poh Teik informed the court of the matter at the beginning of the hearing to set aside his conviction and jail sentence as well as the fine over the misappropriation of funds from SRC International Sdn Bhd.
Also presiding in the five-man bench were Chief Judge of Sabah and Sarawak Tan Sri Datuk Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd Diah.
"The application was made with "the greatest respect" based on the point of law. We have received instructions to file the application," Hisyam said.
Through a supporting affidavit filed on Monday, the Pekan MP said the application was made not to disrespect the court (especially the presiding chairperson) and the ongoing proceedings.
He said rather, the application was made in the interests of protecting the independence of the judiciary and guarding its reputation against public scrutiny.
In the affidavit, Najib said on Aug 17, he came across a posting on Facebook that was published by an individual named Zamani Ibrahim on May 11, 2018.
"I believe that Zamani is the husband of Tengku Maimun who is the chairperson of the judicial panel that is hearing my final appeal in the SRC case at the Federal Court.
"I verily believe that these developments are highly disturbing in light of the fact that Zamani Ibrahim clearly has negative sentiments towards my leadership of this country while I was prime minister," he said.
He said being the husband of the chairperson that was adjudicating his appeal, it was likely that Zamani would have influenced the thinking of the mind of the chairperson as to his alleged culpability.
Najib added that considering the nature of their spousal relationship, it was likely that the mind of the chairperson would have been unconsciously influenced by the sentiments against him.