Recuse yourself for public confidence in a fair trial, lawyers tell judge

Chan Kok Leong Chan Kok Leong Updated 7 years ago · Published on 5 Jul 2018 6:55PM · 14 Comments

Fortify Rights legal director Eric Paulsen says the issue is not actual bias but perception of bias. – Facebook pic, July 5, 2018.

JUDGE Mohd Sofian Abd Razak should recuse himself from hearing the corruption case against former prime minister Najib Razak as it is vital for the public to be confident of a fair trial, say lawyers.

“The issue is not actual bias but the perception that there is a potential conflict of interest or bias,” said Fortify Rights legal director Eric Paulsen today.

He said although the relatives of judges are free to be involved in political activities, the judge must be recused if there is potential conflict of interest.

“Justice must be seen to be done and there should not be any perception that the judiciary can be unduly influenced in such a high profile case,” said Paulsen.

As it is, the judge has issued a gag order on a case of public interest, which is “unusual” and “unconstitutional”, lawyers said.

Former Universiti Malaya law lecturer Prof Gurdial Singh Nijar agreed Mohd Sofian should recuse himself to avoid misperception.

More so when the case is of such wide public interest, said the Hakam deputy president.

It was reported today that judge Sofian is the younger brother of Mohd Soffi Abd Razak, an Umno leader who had served under Najib Razak when he was party president. Soffi is the Pahang agriculture exco and Benta assemblyman. He won the Benta seat for Barisan Nasional by 340 votes.

Najib was yesterday charged with misusing his position as a government official to receive a RM42 million bribe as inducement to provide a sovereign guarantee on behalf of the Malaysian government for a RM4 billion loan from the Retirement Fund Inc (KWAP) to SRC International Sdn Bhd.

Najib has maintained that he is not a thief and that he is a victim of “political persecution”.

Umno leader Lokman Adam held a solidarity rally for Najib when he was detained overnight at the Malaysian Anti Corruption Commission on Tuesday, echoing Najib’s claim of “persecution”.

Litigation lawyer Fahri Azzat said although judge Sofian does not have direct or indirect familial or friendship ties with Najib, Sofian’s brother belonged to the same political party as the accused.

“That person is a high ranking Umno officer and Najib was the party president. As such, it’s not in anyone’s interest for the case to begin on such a footing,” said Fahri. – July 5, 2018.
 

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Comments

  • This judge should have made know his "connection" to BN in the first place. Not wait till it is discovered. This stealth behaviour alone is suspicious enough.

    Under no circumstance must he be the trial judge for Najib's case. TOTALLY UNACCEPTABLE!

    Posted 7 years ago by Groundbreaking Views · Reply

    • Absolutely.

      Posted 7 years ago by Henry Mancini Jr · Reply

    • You are totally right!

      Posted 7 years ago by Jesse Lingard · Reply

  • Morally the judge should realised that as a sibling of an UMNO big gun n both receiving their titles from the same ruler

    Posted 7 years ago by Lee Thian Siong · Reply

  • By right the judge should have realised that his sibling is a big power Umno leader n both received their Saturday from the same ruler he should not accept the appointment

    Posted 7 years ago by Lee Thian Siong · Reply

  • The Judge thought semua ok...this is bolehland and Umno still in control..

    Posted 7 years ago by James Khong · Reply

  • Najib's supporters are asking for a fair trial. Fair for the prosecution or fair for the defence? With this Judge?

    Posted 7 years ago by Henry Mancini Jr · Reply

  • In the first place why didn't the judge recuse himself right from the beginning? A judge in this case cannot be related to anything to do with Umno or Umno men. The AG should now bring up this matter.

    Posted 7 years ago by Ken destino · Reply

  • Hope the judge will do the right thing by recusing himself.

    Posted 7 years ago by CR RC · Reply

  • Its so sad and terribly disappointing that there is so little honour and integrity left in some honourable judges. He should have made known his relationship and hIs brothers position within UMNO on the outset at the commencement of the proceedings instead of waiting to be found and called out later. Recuse yourself now and not create further controversy!!

    Posted 7 years ago by Frank Chia · Reply

  • Blardy shit.. no wonder Ahjib can still have that smirk on his face

    Posted 7 years ago by Tian Siang Danny Ong · Reply

    • Hahaha...

      Posted 7 years ago by Jesse Lingard · Reply

  • If the judge does not think it necessary to recuse himself, can this matter be appealed as a preliminary point (before the trial starts) to the Court of Appeal or Federal Court for a determination?..

    Posted 7 years ago by MELVILLE JAYATHISSA · Reply

  • Judge Mohd Sofias Abd Razak, will not refuse himself because he is an honest and honorable Judge and he is determined to give a fair trial to exPM Najib Razak and acquit him in as short a time as possible. Now all of you who do not understand legal matters, AG Tommy Thomas is wet behind the ears and he doesnt understand the Law, yet he is trying to learn on the job of being an AG. Well, he has made so many mistakes on day one, I wonder how many more mistakes he will make in law. Hahahahaha!!!!

    Posted 7 years ago by Steve Kok · Reply