COURT of Appeal judge Justice Idrus Harun has recused himself from hearing Penang Chief Minister Lim Guan Eng’s appeal application after concerns were raised about his ability to give a “fair” judgment on the case.

Lim’s lead counsel, Gobind Singh Deo, told reporters he made the application for the judge to be recused because he feared Idrus may be biased, following his decision in Tony Pua’s appeal against his travel ban two weeks ago.

The Petaling Jaya Utara MP filed an appeal against the High Court’s July 2016 dismissal of his judicial review application, challenging the decision of the government preventing him from leaving the country in 2015.

On July 5, Court of Appeal judge Justice Mohd Zawawi Salleh, who sat with Justices Idrus and Kamardin Hashim, dismissed the application with no cost.

Gobind said Idrus’ decision today was apt to ensure a fair hearing because he and his fellow judges would be arguing on the same principle and interpretation of the Federal Constitution.

“In Tony Pua’s case, Idrus said that there should be strict, not wide, interpretation of Article 5 of the Federal Constitution. It is the same issue that we will argue,” said Gobind.

Idrus, after hearing submissions from the lawyers, recused himself saying that there was merit in the argument.

The case has been postponed to August 7 where a new judge will be appointed as Idrus’ replacement on the three-man bench to hear Lim’s case, which includes Umi Kalthum Majid and Abdul Rahman Sebli.

Lim is appealing a March 7 Penang High Court decision that dismissed his and businesswoman Phang Li Khoon’s application to declare Section 62 of Malaysian Anti-Corruption Commission Act unconstitutional.

Judge Hadhariah Syed Ismail said the section was valid because it did not prevent the defendant’s right in obtaining a fair trial. The act was only used to speed up the trial.

Section 62 states that the defendant’s statement and documents to be tendered as evidence must be delivered before the commencement of the trial.

Lim and Phang wanted this to be declared unconstitutional because they claim it went against the tenet of “innocent unless proven guilty”.

On June 30, last year, Lim was charged with obtaining gratification for himself and his wife Betty Chew by approving the conversion of two lots of agricultural land belonging to Magnificent Emblem into residential development, while chairing a state Planning Committee meeting on July 18, 2014.

If convicted, Lim faces up to 20 years in prison and a RM10,000 fine. He faces a similar charge under Section 165 of the Penal Code for using his position to obtain gratification, which the prosecution alleges was made when he purchased his bungalow in Pinhorn Road from Phang for RM2.8million, below the market value of RM4.27 million, on July 28, 2015.

For this, Lim faces up to two years in prison and, again, a hefty fine.

Phang, who is charged with abetment, faces up to two years in jail and a fine.

Lim and Phang have pleaded not guilty. – July 19, 2017.