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Friday, July 27, 2018

Najib to get a new judge to hear his CBT case?


EXCLUSIVE | A possibility has emerged that former premier Najib Abdul Razak, who is facing three criminal breach of trust charges plus one for abuse of power, will have his trial moved to a new judge.
This follows questions surrounding Justice Sophian Abdul Razak who recorded Najib's plea when the case was transferred from the Kuala Lumpur Sessions Court earlier this month.
It emerged later that Sophian is the younger brother of Mohd Soffi Abdul Razak, a five-term Umno assemblyperson in Pahang and a four-time state exco member.
Najib, who incidentally is also from Pahang, is the former Umno president and the current Pekan Umno division chief. He is also Pekan MP.
Malaysiakini has since verified with two different sources that Justice Sophian is scheduled to be transferred effective Aug 1.
When asked by reporters after Najib was charged, attorney general Tommy Thomas said he did not know of Justice Sophian's family background though Malaysian Bar president George Varughese had in a statement raised the matter and urged the judge to recusehimself.
"The Malaysian Bar believes that such a disclosure by the judge is necessary to preserve the integrity of the proceedings before him and to avoid any real danger of bias.
“The judge's failure to do so has unfortunately raised serious questions about the propriety of him continuing to preside over the case," said Varughese.
It is learnt that Justice Sophian is to be transferred to the Kuala Lumpur High Court's commercial division.
Old boy of MCKK
Meanwhile, Justice Mohd Nazlan Mohd Ghazali, who was appointed a judicial commissioner in April 2015, confirmed last year and is presently at the Commercial Division, is to be transferred laterally to the Kuala Lumpur High Court criminal division effective Wednesday.
Justice Nazlan, 51, is an alumnus of the Malay College Kuala Kangsar and holds a Bachelor of Arts in Jurisprudence and a Master of Arts from Oxford. He is a Barrister at Law of Lincoln’s Inn.
After practising law at Zaid Ibrahim & Co for five years, Justice Nazlan served at the Securities Commission as its head of enforcement before he moved to Maybank where he was head of Corporate & Legal Services, General Counsel and Executive Vice-President before joining the judiciary.
Malaysiakini understands the circular detailing the two transfers is out, though the two may not be the only ones affected as the judiciary normally transfers several judges from various divisions or states in one exercise for them to gain both expertise and experience.
It remains to be seen whether Justice Nazlan will preside over Najib's case with the matter fixed for case management on Aug 8. However, sources suggest so.
However, checks on the case list for the case still show that Justice Sophian is listed to preside over the case.
Najib was charged on July 4 where he claimed trial to three counts of committing criminal breach of trust with regards to SRC International funds to the tune of RM42 million and one count of abuse of power in relation to the same.
SRC International was a subsidiary of the controversial 1MDB state fund
Najib is represented by senior lawyer Muhammad Shafee Abdullah while Thomas leads the prosecution. - Mkini

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