Najib seeks to exclude top four judges

PUTRAJAYA: Datuk Seri Najib Razak wants four top judges to be excluded from sitting on the Federal Court’s seven-man bench to hear a review application by Prime Minister Tun Dr Mahathir Mohamad on the latter’s tort of misfeasance in public office suit.

Najib’s lawyer, Datuk Mohd Hafarizam Harun, told the court that the appointments of Chief Justice Tan Sri Richard Malanjum, Court of Appeal president Tan Sri Ahmad Maarop, Chief Judge of Malaya Tan Sri Zaharah Ibrahim and Chief Judge of Sabah and Sarawak Datuk David Wong Dak Wah were on the advice of Dr Mahathir.

He had raised the preliminary objection on the composition of the panel saying it was to avoid any perception of likelihood of bias, adding that it was also in the interest of justice, particularly public confidence in the judiciary.

Hafarizam said there was “talk” by the public following articles by the former chief justice Tun Abdul Hamid Mohamad questioning whether there were two chief justices between July 11 and 31, this year, as former chief justice Tun Raus Sharif’s official term ended on July 31, while Malanjum was appointed chief justice to replace Raus on July 11.

Malanjum, who chaired the seven-man bench, asked whether the issue was raised in the previous hearing, to which Dr Mahathir’s counsel, Mohamed Haniff Khatri Abdulla, said the same point was taken by him, but it was in respect on the constitutionality of Raus’ three-year extension as chief justice.

Haniff said Raus decided not to recuse himself from presiding over the five-man bench to hear his client’s leave to appeal the application.

He said the top four judges should not be recused from hearing the review application.

Malanjum did not decide on the preliminary objection, but he agreed to adjourn the review hearing application pending disposal of another matter, which raised a similar issue on the definition of a public officer.

He said the court would fix the new hearing date for the review application after the Federal Court hears the application for leave to appeal by Damansara member of parliament Tony Pua Kiam Wee in a bid to reinstate his misfeasance in public office lawsuit against Najib on Nov 5.

Haniff had earlier suggested to the court to wait for the outcome of Pua’s leave to appeal the matter, and Hafarizam supported the suggestion.

He told the court that the attorney-general was interested to be included as amicus curiae (friend of the court) in the review application.

Dr Mahathir, 93, and former Batu Kawan Umno vice-chief Datuk Seri Khairuddin Abu Hassan filed the application to review the Federal Court’s earlier decision in refusing to grant them leave to appeal, in a bid to reinstate their suit against Najib, which was struck out by the High Court and Court of Appeal.