Recuse

2022 - 8 - 23

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Image courtesy of "The Star Online"

Final SRC appeal: Defence applies to recuse CJ from hearing appeal (The Star Online)

PUTRAJAYA: Former prime minister Datuk Seri Najib Razak has applied for Chief Justice Tengku Maimun Tuan Mat to be recused from hearing the final appeal of ...

"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," he added. "I verily believe the above-named individual Zamani Ibrahim is the husband to the honourable Chief Justice that is the chairperson of the judicial panel that is hearing my final appeal of the SRC case in the Federal Court," he stated in the affidavit. He said the application was made with "the greatest respect" and it was to raise a point of law and not to delay the proceedings.

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Image courtesy of "Free Malaysia Today"

Najib now seeks to recuse CJ in Federal Court appeal (Free Malaysia Today)

Lead counsel Hisyam Teh Poh Teik says a copy of the application has been sent to the prosecution.

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Image courtesy of "CNA"

Najib files application to recuse chief justice from presiding over his ... (CNA)

PUTRAJAYA: Former Malaysian prime minister Najib Razak has filed an application to recuse Chief Justice Tengku Maimun Tuan Mat from presiding over his final ...

This is Najib’s final bid to overturn the guilty conviction. Najib later filed a petition of appeal to the Federal Court on Apr 25 this year. But the bench dismissed his request. Mr Teh was joined by Mr Muhammad Shafee Abdullah in the defence’s application. Citing a social media post by the Chief Judge’s husband in 2018, Mr Teh said it is clear that he had negative sentiments towards Najib’s leadership. Advertisement

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Image courtesy of "The Edge Markets MY"

Najib makes last-ditch effort to recuse Chief Justice in SRC final ... (The Edge Markets MY)

Former prime minister Datuk Seri Najib Razak submitted an application on Monday night (Aug 22) to have Chief Justice Tun Tengku Maimun Tuan Mat recused from ...

He was also sentenced to 10 years in jail for each of the CBT and money laundering charges. For the power abuse offence, he was sentenced to 12 years in jail and fined RM210 million. Najib is out on a RM2 million bail with two sureties pending the appeal. He was also found guilty on three counts each of criminal breach of trust (CBT) and money laundering involving RM42 million of SRC funds. This resulted in an exchange between Tengku Maimun and Hisyam. According to Najib's affidavit in support, he is seeking to recuse Tengku Maimun from being on the bench and also presiding over the appeal based on the grounds that Zamani has been critical of the former premier.

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Image courtesy of "The Straits Times"

Malaysia's ex-PM Najib attempts to recuse Federal Court judge at ... (The Straits Times)

KUALA LUMPUR - Malaysia's former prime minister Najib Razak on Tuesday (Aug 23) filed an application to recuse Chief Justice Tengku Maimun Tuan Mat from ...

But Justice Tengku Maimun said there would be “no need” for anyone to be present at court on Wednesday if the hearing is concluded on Tuesday. Should Najib succeed in his application, the entire appeal hearing up to now will be considered void. Shafee was in court for barely 30 minutes before he left for another engagement. Najib arrived at the country's top court on Tuesday morning for the final leg of his appeal to set aside his corruption conviction and 12-year jail sentence over a case linked to the 1MDB financial scandal. Najib's defence team is now seeking to delay the appeal hearing until the recusal application has been heard and disposed of by the court. The application is based on Facebook posts made by the judge’s husband Zamani Ibrahim in May 2018, in which he is said to have demonstrated negative views of Najib’s leadership and concluded that Najib had siphoned funds from 1MDB into his personal bank account.

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Image courtesy of "Bloomberg"

Najib Asks Chief Justice to Recuse Herself from His 1MDB Appeal (Bloomberg)

The lawyers for Malaysia's former premier Najib Razak filed a petition calling for a chief justice to recuse herself from overseeing his appeal on a ...

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Image courtesy of "Malay Mail"

At 11th hour, Najib files bid to recuse CJ Tengku Maimun from ... (Malay Mail)

PUTRAJAYA, Aug 23 — Datuk Seri Najib Razak has made an eleventh-hour bid to recuse Chief Justice Tun Tengku Maimun Tuan Mat from presiding over his final ...

"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," Najib wrote. According to Najib, he verily believed the aforementioned individual is the chief justice's husband, who is also the chairman of the judicial panel hearing his final appeal of the SRC case.

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Image courtesy of "Free Malaysia Today"

Federal Court rejects bid to recuse CJ from Najib's appeal (Free Malaysia Today)

Najib Razak claimed that Chief Justice Tengku Maimun Tuan Mat's husband had 'negative sentiments' towards his leadership. PUTRAJAYA: The Federal Court says ...

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Image courtesy of "Malay Mail"

To recuse a judge, there must be real danger of bias — Hafiz Hassan (Malay Mail)

AUGUST 23 — What is the test to recuse a judge? The test in Malaysia is the “real danger of bias” test. This is a test applied by the Federal Court in ...

There may be cases in which evidence of bias or apparent bias is so clear that an application for the recusal of a judge is justified. Delivering the unanimous decision of the Court, Chief Justice Mohamed Dzaidin said: “In Malaysia, this court in Majlis Perbandaran Pulau Pinang v Syarikat Bekerjasama-sama Serbaguna Sungai Gelugor dengan Tanggungan followed the ‘real danger of bias’ test in R v Gough... The majority decision had clearly rejected the “real danger of bias” test.

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