Shafee objects to CoA judge on bench at Najib’s SRC review bid

 

Shafee Abdullah suggests that a three-member bench could sit to hear the matter as provided for under Section 74 of the Courts of Judicature Act 1964.

PUTRAJAYA: Shafee Abdullah has objected to Court of Appeal judge Abu Bakar Jais being co-opted to sit on the five-member Federal Court bench hearing former prime minister Najib Razak’s bid to have his conviction and jail sentence in his SRC International corruption case reviewed.

Shafee, who is representing Najib, also wants Abu Bakar to recuse himself, stating that only Federal Court judges should be on the bench.

Instead, he suggested that a three-member bench could sit to hear the review bid as provided for under Section 74 of the Courts of Judicature Act 1964.

Under the section, every proceeding in the Federal Court shall be heard and disposed of by three judges or such greater uneven number of judges as the Chief Justice may in any particular case determine.

Ad hoc prosecutor V Sithambaram objected to Shafee’s preliminary objection, noting that such an arrangement to co-opt a Court of Appeal judge is allowed under Article 122 (2) of the Federal Constitution.

It states that the a judge of the Court of Appeal other than the President of the Court of Appeal may sit as a judge of the Federal Court where the Chief Justice considers that the interests of justice so require, and the judge shall be nominated for the purpose – as occasion requires – by the Chief Justice.

Chief Judge of Sabah and Sarawak Abdul Rahman Sebli is heading the five-member panel hearing Najib’s bid.

The others on the bench are Federal Court judges Vernon Ong, Rhodzariah Bujang and Nordin Hassan.

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