JAILED former prime minister Najib Razak failed to recuse Court of Appeal judge Abu Bakar Jais from sitting on the five-member Federal Court bench hearing his appeal to have his conviction and jail sentence in his SRC International corruption case reviewed.

Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, who is heading the five-member panel, said the defence has not persuaded the bench the judge should recuse himself. 

“The law is clear that the chief justice can appoint a court of appeal judge for a federal court review.

“We reject the argument that he (Abu Bakar) should not be involved,” Rahman said.

Rahman said the applications is dismissed and they will continue to hear the review. 

Earlier, Najib’s lawyer Muhammad Shafee Abdullah had objected to Abu Bakar from being co-opted to sit on the five-member Federal Court bench. 

The veteran lawyer submitted that the panel should only consist of Federal Court judges, referring to section 74 of the Courts of Judicature Act 1964.

He also suggested that a three-member bench could sit to hear the review bid as provided for under the Courts of Judicature Act.

Deputy public prosecutor V. Sithambaram argued that section 122 of the Courts of Judicature Act allows the Court of Appeal judge to sit in today’s apex court panel.

The prosecutor said the provision permits Chief Justice Tengku Maimun Tuan Mat to get an appeals court judge to sit in a Federal Court bench if it is in the interest of justice.

This is the latest bid by Najib to overturn his guilty verdict as well as a 12-year jail sentence and RM210 million fine in a corruption case involving RM42 million of funds from SRC International. – January 19, 2023.