Apex Court Throws Out Bid To Recuse Appeals Judge

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All eyes are on today’s latest bid by Najib Abdul Razak to overturn his guilty verdict as well as the 12-year jail sentence and RM210 million fine in a corruption case involving RM42 million of funds from SRC International.
Having exhausted his appeals before the Court of Appeal and the Federal Court, the former prime minister is seeking a new apex court panel to hear his review against his conviction and sentencing.
Follow our reporting as the Malaysiakini team brings you the news from time to time..
Apex court allows appeals judge to hear SRC review
2.06pm: The Federal Court dismisses the preliminary objection by Najib Abdul Razak’s legal team to recuse Court of Appeal judge Abu Bakar Jais from being part of the apex bench hearing the former prime minister’s SRC review.
Chief Judge of Sabah and Sarawak Abdul Rahman Sebli read out the unanimous ruling in allowing Abu Bakar to be part of the present panel.
“We are not persuaded that Abu Bakar Jais should recuse himself from hearing this review application
“The law is clear that the Chief Justice is vested with the discretionary power to enable a Court of Appeal judge to sit in the federal court (bench) in the interest of justice per Article 122(2) of the Federal Constitution,” the top judge rules.
Apex court reconvenes
2.05pm: Proceedings for former prime minister Najib Abdul Razak’s bid to review his SRC case resumes before the Federal Court.
Apex court to reconvene at 2pm
12.08pm: The five-person Federal Court bench is set to reconvene at 2pm this afternoon 
A Palace of Justice staff informs this to media practitioners following proceedings from a separate courtroom with live streaming of the SRC review proceedings.
The apex court is set to decide on a preliminary objection by Najib Abdul Razak’s legal team over the inclusion of Court of Appeal judge Abu Bakar Jais in today’s bench.
Apex court stands down to decide on defence’s objection
11.51am: The Federal Court stands down to decide over a preliminary objection by Najib Abdul Razak’s legal team against Court of Appeal judge Abu Bakar Jais being part of today’s apex bench.
Defence fails to show mala fide in apex bench selection - DPP
11.45am: Deputy public prosecutor V Sithambaram orally submits that Najib Abdul Razak’s legal team has not shown the apex court any element of mala fide (bad faith) in the selection of Court of Appeal judge Abu Bakar Jais to be in today’s panel.
“Nothing before this court to show mala fide or otherwise. Everything (submitted earlier by defence team) is guesswork from the bar,” Sithambaram tells the five-person apex bench.
Apex court resumes
11.32am: Proceedings for former prime minister Najib Abdul Razak’s bid to review his SRC case continues before the five-person Federal Court bench.
Lead defence counsel Muhammad Shafee Abdullah resumes his oral submission over the application to recuse Court of Appeal judge Abu Bakar Jais from sitting in today’s apex court bench.
Apex court stands down, to resume later
11am: The Federal Court stands down temporarily. 
The case is expected to be called up again later today.
Defence only found out bench constitution this morning: Shafee
10.46am: Defence counsel Muhammad Shafee Abdullah says Najib Abdul Razak’s legal team only found out that Court of Appeal judge Abu Bakar Jais is part of the apex court bench around 9.22am this morning.
The lawyer tells the apex bench this was the reason they could not raise an objection against Abu Bakar being part of today’s panel earlier.
‘Justice for Najib’ - supporters hope to see ex-PM released today
10.45am: Supporters of former prime minister Najib Abdul Razak continue to wait outside the Palace of Justice for what they hope to be his release at the end of proceedings today.
Wangsa Maju Umno division member Nuriah Daud, who says she also represents Laskar Siber Malaysia, expresses the group’s hope for justice for Najib. 
“We came here from all over, as far as Pahang, Malacca.
“Our hope is for a transparent trial,” says Nuriah, adding that she was also present in solidarity during Najib’s previous trial hearings.
Nuriah DaudKapar Umno division member Alan Ridzuan Radin insists that they are not “blind supporters” of Najib but there are many “worse characters” within Umno whom he accuses of getting away with corruption. 
“There are still many crooks in Umno… Let there be not many Umno members (left) but they should be of clean character,” says Alan, also an NGO leader.
Alan Ridzuan RadinThe group of supporters numbers fewer than 30 but they claim more are waiting further away from the Palace of Justice.
One of the supporters raises a placard with Najib’s image with a solidarity message from the “Coalition of Movements for Dato' Sri Najib”.
Defence cannot determine formation of apex bench - DPP
10.43am: Deputy public prosecutor V Sithambaram objects to the alleged attempt by former prime minister Najib Abdul Razak to determine how the apex court bench is supposed to be constituted.
The prosecutor claims that Chief Justice Tengku Maimun Tuan Mat already fulfilled the requirements of Article 122 of the Federal Constitution in selecting Court of Appeal judge Abu Bakar Jais to sit on today’s bench.
Sithambaram claims that the defence’s bid to shape how the apex court bench is constituted due to alleged bias is objectionable and contemptuous.
Shafee says 7 Federal Court judges available for apex bench
10.27am: Defence counsel Muhammad Shafee Abdullah orally submits that there are seven Federal Court judges at present that can be picked to sit and fill today’s apex bench panel.
The counsel contends that Chief Justice Tengku Maimun Tuan Mat, as per Article 122 of the Federal Constitution, has not shown why Court of Appeal judge Abu Bakar Jais was selected to sit in today’s panel.
He says that instead of Abu Bakar, there are several other potential bench members who could be selected out of the seven Federal Court judges.
Law permits Court of Appeal judge to sit in apex bench - DPP
10.07am: Deputy public prosecutor V Sithambaram counter-submits that Article 122 of the Federal Constitution allows Court of Appeal judge Abu Bakar Jais to sit in today's apex court panel.
The prosecutor points out that the provision permits Chief Justice Tengku Maimun Tuan Mat to get a Court of Appeal judge to sit in a Federal Court bench if it is in the interests of justice.
Shafee asks for appeals judge to sit out objection hearing
9.58am: Defence counsel Muhammad Shafee Abdullah applies for Court of Appeal judge Abu Bakar Jais to not be present to hear the current preliminary objection over the Court of Appeal judge being part of today’s apex bench.
Shafee says it is because the preliminary objection personally affects Abu Bakar.
Shafee objects against Court of Appeal judge in apex panel
9.46am: Defence counsel Muhammad Shafee Abdullah raises a preliminary objection against Court of Appeal judge Abu Bakar Jais being part of today’s apex court panel hearing the review.
The veteran lawyer submits that the panel should only consist of Federal Court judges.
Shafee refers to Section 74 of the Courts of Judicature Act 1964.
Apex court convenes
9.42am: The five-person bench convenes as proceedings for former prime minister Najib Abdul Razak’s review bid for his SRC case begin.
Najib is seen in the dock.
Rosmah arrives
9.30am: Rosmah Mansor, wife of former prime minister Najib Abdul Razak, arrives at the Palace of Justice in a bright lime green outfit along with an assistant.
She is seen sitting with her husband in the public gallery of the apex court awaiting proceedings to begin.
She and Najib are seen conferring while Kajang Prison officers, wearing red hats, are seen sitting nearby.
Najib in apex courtroom
9.28am: Najib Abdul Razak is seen escorted by Kajang Prison officers into the apex courtroom to await proceedings to begin.
The former prime minister is seen surrounded by supporters in the public gallery.
5-person prosecution team against Najib’s SRC review
9.19am: Ad hoc deputy public prosecutor and veteran legal practitioner V Sithambaram heads the five-person prosecution team to counter former prime minister Najib Abdul Razak’s review of his SRC case.
The other DPPs are Donald Joseph Franklin, Sulaiman Kho Kheng Fuei, Mohd Ashrof Adrin Kamarul, and Manjira Vasudevan.
Counsels Chan Yen Hui and Cyrus Tiu Foo Woei are holding watching brief for the Bar Council.
Shafee heads Najib’s 8-person team
9.13am: Veteran lawyer Muhammad Shafee Abdullah heads the eight-person legal team representing former prime minister Najib Abdul Razak.
Muhammad Shafee Abdullah (centre)The other lawyers are Sarah Abishegam, Muhammad Farhan Muhammad Shafee, Syafiqah Sofian, Wan Mohammad Arfan Wan Othman, Alaistair Brandah Norman, Umi Nafesah Mohd Noor, and Genevieve Vanniasingham.
Chief Judge of Sabah, Sarawak heads 5-person apex bench
9.04am: Chief Judge of Sabah and Sarawak Abdul Rahman Sebli chairs the five-person apex court bench to hear former prime minister Najib Abdul Razak's SRC review.
The other members are Federal Court judges Vernon Ong Lam Kiat, Rhodzariah Bujang, and Nordin Hassan, as well as Court of Appeal judge Abu Bakar Jais.
Chief Judge of Sabah and Sarawak Abdul Rahman SebliNajib arrives
8.50am: Former prime minister Najib Abdul Razak arrives for the hearing of his SRC review at the Federal Court at the Palace of Justice, Putrajaya.
A black police vehicle ferrying Najib, who was also former finance minister, from Kajang Prison is seen arriving at court.
Media told to vacate court’s back entrance before Najib arrives
8.30am: Palace of Justice, Putrajaya - Police officers on duty and a court officer order the media, who are awaiting former prime minister Najib Abdul Razak’s arrival, to move away from their gathering spot along the pavement outside the court’s back entrance.
The officers cite possible disruptions and escort the group of media photographers, videographers, and journalists - some arriving as early as 7.30am - about 500m down the road where metal barricades were set up.
About 10 Najib supporters dressed in Umno’s red and BN’s blue are also present, raising placards with messages of solidarity and justice for “Bossku”, Najib’s moniker.
Inside the court building, more court reporters are being registered to cover the hearing today. 
On Aug 23 last year, a five-person Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat dismissed the former finance minister’s appeal in the case involving one count of abuse of power, three counts of criminal breach of trust, and three money laundering charges.
The then apex court bench was presided over by then chief judge of Sabah and Sarawak Abang Iskandar Abang Hashim, as well as Federal Court judges P Nallini, Mary Lim Thiam Suan, and Mohamad Zabidin Mohd Diah.
Iskandar and Zabidin have recently been elevated to Court of Appeal president and Chief Judge of Malaya respectively. The position of Chief Judge of Sabah and Sarawak is now held by Abdul Rahman Sebli.
Currently incarcerated at Kajang Prison, Najib is also pursuing other avenues outside the judiciary, namely a petition for royal pardon as well as a petition before the United Nations over his alleged arbitrary detention.
Through the present review application, Najib contends that trial judge Mohd Nazlan Mohd Ghazali, who has since been elevated from the Kuala Lumpur High Court to the Court of Appeal, was in a conflict of interest when he heard and decided on the SRC case.
Najib claimed, among others, that it was because the judge was allegedly aware that it was Maybank Investment (an entity of Maybank Group) and BinaFikir (another entity of Maybank Group) that provided the advice to Malaysian sovereign wealth fund 1MDB in the matters pertaining to the setting up of SRC International.
Najib alleged that the conflict of interest arose due to Nazlan’s previous role as general counsel with Maybank.
Initially a subsidiary of Malaysian sovereign wealth fund 1MDB, SRC became fully owned by the Minister of Finance Incorporated (MoF Inc). 1MDB is also fully owned by MoF Inc.
Among the possible outcomes of the review are that Najib gets a full acquittal, has his appeal reheard by a different apex court bench, or that he gets a retrial of the SRC case before a new High Court judge.
The former prime minister is represented by a defence team led by counsel Muhammad Shafee Abdullah, while V Sithambaram heads the prosecution. - Mkini

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