‘Prosecution should act against Najib, Shafee's contemptuous complaint’

The prosecution should take action against former prime minister Najib Abdul Razak and his lawyer for their statements questioning the change of trial judge and the administration of justice, a lawyer said.

Criminal lawyer Baljit Singh Sidhu told Malaysiakini that it was improper for Najib and lawyer Muhammad Shafee Abdullah to question the administration of justice.

"What is alleged is highly contemptuous as the trial has yet to start.

"In so far, it is implying that there is an ulterior motive in the transfer of the previous judge Sophian Abdul Razak," he said.

Baljit, a  member of the Malaysian Bar's criminal committee, does not think there will be any impairment of justice as the trial has yet to start.

"The prosecution can take action on the two for making the statement as it is contemptuous," he told Malaysiakini.

Yesterday, Shafee said Najib was concerned over the change of judge in his graft case and on Tuesday had penned a letter to Chief Judge of Malaya justice Zaharah Ibrahim and new presiding High Court judge Mohd Nazlan Mohd Ghazali.

This follows Nazlan replacing Sophian Abdul Razak, who took Najib's plea when Najib was produced in court for the first time to answer three charges of criminal breach of trust and one charge of abuse of power.

Shafee and Najib raised the question of administration of justice, citing that neither the prosecution nor the defence had applied for Sophian's removal, but yet he was transferred out.

The letter sent to the two judges further stated that the Oxford graduate Nazlan may be seen as "a man on a mission" for being appointed as the new trial judge.

Shafee said they are not questioning justice Nazlan's ability or seeking his recusal, but questioned the sudden transfer of justice Sophian.

Several quarters, including the Bar Council and G25, had requested Sophian not to preside over Najib’s case after it was revealed that the judge’s elder brother is the Umno division chief for Benta, Pahang.

The brother is also an executive councillor in the Pahang state government, which BN and Umno won in the last general election.

Sophian has been criticised for not making his relationship known and not recusing himself from handling Najib’s case. -Mkini