Lawyer objects to Court of Appeal judge sitting as panel in Najib's review bid

PUTRAJAYA - Lawyer Tan Sri Muhammad Shafee Abdullah has raised an objection against one of the judges sitting as a panel in his client former prime minister Datuk Seri Najib Razak's review application over his conviction and sentence in the SRC International Sdn Bhd case.

At the onset of the hearing of the application, the lead counsel objected to Court of Appeal judge Datuk Abu Bakar Jais who sat in a five-member Federal Court bench to hear the matter.

The panel also comprised Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli and Federal Court judges Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang and Datuk Nordin Hassan.

"Following Section 74 of the Courts of Judicature Act (CJA) 1974, the composition of Federal Court judges must only comprise Federal Court judges.

"What is the interest of justice that Abu Bakar is listed as one of the panel members in which the Chief Justice did not state any reasons for," he said.

According to Article 122(2) of the Federal Constitution, a Court of Appeal judge other than the President of the Court of Appeal may sit as a Federal Court judge where the Chief Justice considers it “in the interest of justice”.

However, deputy public prosecutor Datuk V. Sithambaram said Najib as the applicant must show proof that there was danger of bias if Abu Bakar sat as a panel.

"There is no issue in the list of jugdes and in the panel composition as it was in line with the provision under the Constitution.

"He (Abu Bakar) is a competent judge because he was named by the Chief Justice," Sithambaram said.

The court then went into recess.