Don’t trivialise judicial bias issue, Zaid tells Thomas

 

Former law minister Zaid Ibrahim says he is ‘astonished’ that Tommy Thomas ‘does not comprehend’ bias.

PETALING JAYA: Former law minister Zaid Ibrahim has chastised Tommy Thomas for comments the former attorney-general (AG) made during a recent interview which Zaid said “trivialised” the issue of judicial bias.

Using a sporting analogy to explain former prime minister Najib Razak’s failed attempt to disqualify trial judge Nazlan Ghazali, who presided over the SRC International case on the ground of judicial bias, Thomas was quoted as telling Malaysiakini: “You come for a game of badminton in the finals, and one team does not want to play, complaining about the referee. The match is over – it is forfeited.”

Responding to Thomas’ comments, Zaid said it was wrong for a former AG to treat the issue of judicial bias so blithely.

Drawing attention to a landmark 1998 English court case popularly known as “Pinochet (No. 2)”, Zaid said that England’s highest court, the House of Lords, set aside its own decision to extradite Chilean dictator Augustine Pinochet after an anonymous tip-off led to the discovery that Lord Hoffman, one of five judges who presided over the case, was linked to Amnesty International, which had supported the extradition bid.

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“(Judicial bias) is such an established principle of law. I am astonished as to why the Pakatan (Harapan) AG does not comprehend it,” said Zaid.

“In Najib’s case, it was not a mere telephone tip-off. There were documents from MACC showing the judge’s involvement in live issues that were to feature in the Federal Court. Unfortunately, we were not allowed to lead such evidence as it was said to be irrelevant,” said Zaid.

He called on Thomas not to downplay the issue of bias, saying that it was “fundamental to justice”.

“Perhaps, it is because he is too involved in politics for Pakatan (Harapan) that he cannot see this issue,” he said, telling lawyers to “listen to (their) conscience”.

Zaid also took Thomas to task for suggesting that Najib’s lawyers were acting in a manner which was destabilising the current political environment.

“We are merely facilitating political dialogue and engagement, which is healthy,” he said.

In the Malaysiakini interview, Thomas gave his take on Najib’s SRC International trial and appeals.

Najib was convicted by High Court judge Nazlan Ghazali on July 28, 2020 on seven counts of abuse of power, criminal breach of trust and money laundering and sentenced to 12 years’ imprisonment and a fine of RM210 million or in default a further five years in jail.

That decision was upheld by the Court of Appeal on Dec 8 last year, and the Federal Court on Aug 23.

Najib is presently serving his jail sentence.

On Tuesday, his lawyers, Shafee & Co, filed an application for leave to review the apex court’s decision, citing a miscarriage of justice which has resulted in a denial of his right to defend himself. - FMT