PUTRAJAYA: In yet another twist to Datuk Seri Najib Razak's SRC International appeal hearing, the former prime minister has applied to recuse Chief Justice Tun Tengku Maimun Tuan Mat from hearing his case.
The application was made by Najib's lead counsel Hisyam Teh Poh Teik immediately after the case proceedings started at 9.40am.
He said the defence had filed the application late last night and again this morning based on "certain information" they received two or three days ago.
"I want to emphasise that this application is being made with the greatest of respect.
"It is based on information we received two or three days back," he said, adding that the defence was now seeking directions from the court on this matter.
Tengku Maimun then directed the court registrar to get a copy of the documents which had been filed by the lawyer before making it clear that any decision on the recusal application was up to the bench.
She then asked Hisyam if he had anything to submit pertaining to Najib's main appeal hearing.
To this, Hisyam maintained that he had nothing to submit.
The other judges hearing the main appeal are the Chief Judge of Sabah and Sarawak, Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd.
In Najib's application, the Pekan member of parliament said he was making the application not to disrespect the court and the ongoing proceedings but in the interest of protecting the independence of the judiciary.
He said he had received information about a Facebook post made by Tengku Maimun's husband, Datuk Zamani Ibrahim on May 11, 2018 which touched on Barisan Nasional's (BN) defeat in the 14th General Election (GE14) and Najib's leadership.
Najib said the social media post was highly disturbing in light of the fact that Zamani had clearly shown negative sentiments towards his leadership while he was prime minister.
He said Zamani had concluded that he had siphoned sovereign government funds into his personal accounts.
"Being the husband of the chairperson that is adjudicating my appeal, it is likely that he would have influenced the thinking of the mind of the chairperson as to my alleged culpability.
"I further state that considering the nature of their spousal relationship, it is likely that the mind of the learned chairperson would have been unconsciously influenced by the sentiments against me held by her ladyship's husband.
"Based on all the above, any findings by this Honourable Court made against me would be subject to scepticism. An informed and fair-minded observer will perceive that the decisions procured are tainted with bias and the public perception of the independence of the judiciary will be in doubt," he said.
Najib also brought up how the original High Court Judge who was supposed to preside over his SRC trial had been replaced just because his brother was an Umno member in Pahang.
He also said that another judge, who was supposed to hear the application for the admission of Queen's Counsel Jonathan Laidlaw to represent him, had also refused to do so because his brother too was an active Umno politician.
"Hence, this court, being the apex court of the country must also adhere to the similar high standards as expounded by the High Court judges," he said.
Najib said he also viewed Tengku Maimun's stand not to object members of the bar applying for an adjournment to attend the Walk for Justice on June 17 as disturbing.
He said the walk was organised to oppose any investigation against Justice Datuk Mohd Nazlan Mohd Ghazali, who had convicted him over the SRC case.
He said Tengku Maimun's stand on the matter may lead to her not having an open mind when deciding on his application to introduce fresh evidence.